There are circumstances in which it is appropriate for the Registrar of the Family Court to requisition (reject) the agreement documents that you and your partner may have prepared and signed. In refusing to make Financial Consent Orders to formalise your agreement, there will generally be a covering letter from the Registrar, which will outline some reasons as to why.
Some examples where the Registrar is likely to reject or have rejected your agreement, are as follows:
- The proposed agreement does not cut your and your partner’s financial ties “enough”. There is a section in the Family Law Act 1975 (Cth) that applies to both married and defacto couples, which says that the Court has a duty to end financial relationships after separation by making Orders that will “finally determine the financial relationships between the parties to the marriage/defacto relationship and avoid further proceedings between them”.
- Uncertainty and therefore un-enforceability. Where there is a property that is being transferred from joint names into a person’s sole name that has a home loan owing on it, do the documents say what is to happen with that joint loan?
- Vague. Are there timeframes by which certain things have to happen? If there is a car being transferred into someone else’s name, is the car easily identifiable?
- The Registrar is of the view that the proposed financial division do not satisfy the ‘just and equitable’ requirement. Based upon the information that you include in your agreement documents, the Registrar will form a view whether the proposed division is within the range of what the law says is appropriate.
If your agreement documents have been rejected by the Court, we can help.
See Part 2 on how we can help!