Our family team at BH Support have experience both personally and professionally and can offer you practical, expert support as well as empathy and understanding, helping you to make the best decisions and provisions for you and your family. Whether you are considering a divorce, legal separation or are facing a relationship breakdown, our team can give you the support and guidance you need to get through this very difficult time.
A separation agreement is a legal document that outlines the terms and conditions for the separation of a married or cohabitating couple. It typically covers important issues such as property division, spousal support, child support etc. A separation agreement is a private agreement, but it is not a court order.
However, it can be made legally binding and enforceable by following certain steps provided that it meets the following requirements:
Firstly, it must be a voluntary agreement, where both parties enter and agree to all the terms included in the separation voluntarily and without any coercion or undue influence. Separation agreements are commonly relied upon in cases where an amicable resolution is desired or when individuals wish to avoid court proceedings and the high costs associated to instead deal with resolution in a quick and less stress-inducing process.
Next, it is advised that both parties should fully disclose any assets, debts, income, or expenses to ensure both parties can leave the relationship in an equal and sustainable position; the agreement must then be in writing and signed by both parties. After this has been drafted and signed, it can be made legally binding and enforceable by applying for the court to recognise the agreement as a consent order.
At BH Support, we can work to draft a separation agreement for your family which can be personalised to your specific circumstances to ensure this is suitable and appropriate for your family currently and into the future.
Within the family support provision, our team supports many local families through the family courts as court trends change and legal aid is reduced further and rarely available. This is achieved by delivering a full portfolio of administrative support, moral support, mentoring and McKenzie Friend court support.