1 Comments Family & de facto law, financial agreements, consent orders
Hi. Anything can be taken to court, so if you're worried about an ex-partner coming back later down the track to make a claim to your assets, then this can be taken to court as well. However, the Judge/Magistrate will ask why they are there, if it even gets through the first stage of being acceptable to be put before the court. They agreed to the division of the assets in the beginning and unless they have a good reason to make a claim some time later, they will more than likely lose. In terms of the parenting plan and consent orders, if you both agree on a plan and you have it in writing, this includes the assets as well, and present this to the court, if it is fair and if the Judge/Magistrate agrees that all parties were aware of what they were signing, then it is more than likely that the court will sign off on it. This may take some time in the court. There won't be a hearing because you both agree. If the court thinks that it is unfair, you most likely will be asked to go away and make it fair. Even if you both agree. Before it goes to court, you are required by law to attend mediation. It is at mediation that you will let the mediator know that you both agree on the terms of the orders to be made and they will look over the paperwork and take it from there with you. Their report will go to the court. The Federal Circuit Court of Australia and the Family Court of Australia both have websites linked to one another and have some great information for what you are looking to do. Please note, that it is within your best interests to seek legal advice from a legal practitioner. The websites are: http://www.federalcircuitcourt.gov.au/ and http://www.familycourt.gov.au/.