FDR is a mediation process used in parenting matters, and is a mandated requirement under the Family Law Act before commencing proceedings for parenting orders. There are some limited exceptions to this requirement, which must be demonstrated to a Court prior to their accepting a Court Application for parenting Orders.
Property settlement in Australia involves dividing assets, liabilities and superannuation interests of separated married or de facto couples, whether they are held jointly or individually.
Parenting Plans have the benefits of being able to drawn and agreed to immediately upon signing, instead of waiting for a Court to approve Consent Orders, for example. The other benefit of Parenting Plans is that they can include issues relating to child support, whereas a Court only has jurisdiction to make Orders for child support in very limited circumstances.
Financial Agreements are “contracts” between separated married or de facto partners that do not require a Court’s “approval” to become binding. Financial Agreements have many benefits over Consent Orders. One of those benefits is that they can remain strictly confidential, ensuring the privacy of all parties to them. Another benefit of Financial Agreements is that they can be drafted in a way to afford a financial arrangement between separated couples that may not otherwise be accepted by a Court.
Facilitated access to a network of social scientists to meet with your child/children and include and discuss their views in the mediation process. It provides an opportunity for your child to tell their story and express their views in a safe, confidential and comfortable setting where they do not have to feel like they are saying things that a parent wants to hear. This approach can help separated parents better understand how their child or children are dealing with their parent’s separation and any conflict they are experiencing or being exposed to.
Child support does not have to be paid through the child support agency, and parents can utilise different documents to formalise their agreement without the need to utilise the Child Support Agency.
Consent orders have the same legal effect as an order made after a Court hearing.
If you are seeking Consent Orders dealing with parenting issues, each party to an application for parenting orders by consent, or his or her lawyer, must also complete an Annexure to Draft Consent Parenting Order. The Annexures should be filed with the Court at the same time as the Application for Consent Orders.
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