The Benefits of Reaching an Agreement after Separation

The Benefits of Reaching an Agreement after Separation

As a family lawyer, I spend considerable time with people who have separated, working through financial and parenting issues, in order to reach an agreement.

If a party is evasive and refuses to disclose financial information or if they are unreasonable in their understanding of the law and how it applies to their situation, an application to the Court will be necessary. There is no alternative but to file an application for the Court to resolve issues and decide outcomes.

There are certainly occasions where an agreement cannot be reached. And no one should enter an agreement that is unreasonable. However, if parties can reach a reasonable agreement, there are several benefits.

Benefits of Reaching an Agreement

• Less Stressful: Court proceedings can be stressful and emotionally draining for all parties involved, including the children. Reaching an agreement amicably can reduce this stress and provide a more positive environment for the children, and for you.
• More Control: When you reach an agreement, you have more control over the outcome. In court, the decision is in the hands of the judge and may not necessarily reflect what either party wants.
• Faster Resolution: Court proceedings can take a long time to resolve. Reaching an agreement outside of court will usually be quicker, allowing everyone to move forward sooner.
• Cost-Effective: Formal legal proceedings which includes preparing court documents, briefing a barrister, and appearing in Court, is expensive. Reaching an agreement without the need for legal proceedings will save legal fees and court costs.
• Flexibility: An agreement can allow for more flexibility as it can be tailored to the specific needs and circumstances of your family. Court orders are more rigid and may not take into account all the nuance and unique aspects of your situation.
• Preserves Relationships: Court proceedings usually perpetuate animosity and damage relationships. This can be wearing on you and can be harmful when children are involved. An amicable agreement can help preserve relationships and foster communication between parents.

How to Formalise an Agreement

If parties can reach an agreement, it can be formalised with either:

1. Consent Orders (for financial matters or parenting matters)
2. Parenting Plan (for parenting matters)
3. Binding Financial Agreement (for financial matters).

All of these will provide legal protection and clarity for all parties involved.

Where to from here?

Everyone’s situation is unique. It is always sensible to consult with an experienced family lawyer to discuss your particular circumstances.