19/05/2023
Do I have to go to court for my family law matter?
After the introduction of the Federal Circuit and Family Rules 2021, parties are now encouraged, and in most cases, required, to participate in alternative dispute resolution prior to filing an Initiating Application in the Federal Circuit Court and Family Court of Australia (FCFCOA). In circumstances where your matter is urgent, or where there are allegations of family violence, you may not be required to undertake the Pre Action Procedures.
Parenting issues can be settled outside of the Court by attending mediation, or by having negotiations with the other parent. If there is an agreement reached, parents can enter into a ‘parenting plan’, or enter into consent orders which are lodged with the FCFCOA.
If the parents agree on consent orders, an Application for Consent Orders is required to be filed with the FCFCOA. Orders sealed by the FCFCOA are enforceable, meaning both parents are legally required to comply with the Orders, however, the parents can also make agreements between themselves outside of the sealed orders. Parenting plans are not enforceable however they act as a guideline for each parent.
Property issues can also be settled outside of the Court through alternative dispute avenues.
A binding financial agreement (BFA) is a legal contract between the parties that identifies the separation of the matrimonial assets of a relationship upon separation. Both parties are required to receive independent legal advice.
Please see a copy of the ‘Pre-Action Procedures’ via these links;
https://www.fcfcoa.gov.au/fl/pubs/pre-action-financial
https://www.fcfcoa.gov.au/fl/pubs/pre-action-parenting
Any questions? Contact us on (02) 4987 1462.
(please note this post is not legal advice and should not be taken to be legal advice)