We’re worried that if we lodge our agreement with the Court about how we want to divide our finances, the Court will impose a decision on us.
Couples and individuals are often concerned that if they lodge the agreement that they’ve reached with their partner with the Court to be formalised in a legal way, the Court might refuse to make the agreement legal and then impose an outcome on them.
It is true that the Court can refuse to make a proposed agreement legal. This is called a ‘requisition’. To make Parenting Consent Orders, the Reg
strar (the lawyer of the Court) must be satisfied that the proposed care arrangements are in the children’s best interests.
To make the Financial Consent Orders, the Registrar must be satisfied that the agreement about the division of assets, debts and superannuation after separation is ‘just and equitable’—basically, the agreement has to be fair. What will be considered as ‘fair’, will vary depending on each couples’ specific circumstances—for example, the size of the sset pool, the contributions made by each person to that asset pool and each person’s future needs.
If the Court does requisition your agreement documents, this isn’t the-be-all-end-all. The Registrar may dismiss your application entirely or choose to write to you, outlining the reasons for the requisition. Such reasons could include because the Registrar does not consider the financial agreement to be fair, or the parenting arrangements to be in the children’s best interests, or the wording of the agreement documents may be considered to be vague/impracticable/unenforceable/uncertain or no legislative power to make the proposed Order.
Couples who lodge documents with the Court by consent will generally not have an outcome imposed upon them.
Speak with us today about how we help prepare your agreement documents for you to lodge them with the Court to be legally recognised and made binding.