VIC Get Parenting Agreement and Property Settlement Before Divorce?

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yobt

Active Member
6 February 2016
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0
31
Can we agree on a parenting agreement and property settlement before a divorce or will this all have to be reworked when we apply for divorce? We both agree on everything and 50/50 looking after kids.
 

AllForHer

Well-Known Member
23 July 2014
3,664
685
2,894
You can have it finalised before the divorce, but if you're both agreeable, you don't need to involve the Court at all. The only issue with not going through the Court is that if things go south, you won't have anything official to ensure both parties follow through with the agreement.

If you do decide to go through the Court, you can have your agreement written up as consent orders and filed with the Court. You do need legal advice to have a property settlement sealed by the Court, however, but legal aid can do this for free.