VIC Will Binding Financial Agreement be Accepted by Court Later?

[yhfg27]

If the spouse both agrees and sign the binding financial agreement, is it accepted by the family court if the marriage is broken later?

 

[OC369]

Hi, mate,

The court encourages the couple to reach agreement on their own as there are so many things the court needs to handle. The private agreement between the couple is accepted by the court.

 

[yhfg27]

Can I go to a lawyer and endorse the document?

 

[OC369]

If both of you can agree on something, you don't need to seek for a lawyer. You only seek for a lawyer if you can not find common ground.

Also bear in mind, the lawyer will defend one party to maximise the benefit. The lawyer will prolong the proceeding so he/she can charge you a fortune. Why would you bother to see a lawyer if both of you can agree on something genuinely?

 

[Rod]

if both of you can agree on something, you don't need to seek for a lawyer.

Not true, for the OP's post anyway.

People can enter into their own agreements, but as soon as someone takes it to court the agreement is close to worthless unless it is done correctly.

For a binding financial agreement to later be recognised by a court you both need independent legal advice, and even then it can be struck down in certain circumstances. You both cannot use the same lawyer, and you each should find your own lawyer. Do not even suggest a lawyer to the other party.

 

[Clancy]

Not true, for the OP's post anyway.

People can enter into their own agreements, but as soon as someone takes it to court the agreement is close to worthless unless it is done correctly.

For a binding financial agreement to later be recognised by a court you both need independent legal advice, and even then it can be struck down in certain circumstances. You both cannot use the same lawyer, and you each should find your own lawyer. Do not even suggest a lawyer to the other party.

All good except the very last sentence. If you want an agreement 'that is done correctly' why would you not tell the other party to see a lawyer? An agreement notarized by each parties lawyer is pretty solid, and that's what the OP wants.

 

[Rod]

I have said they should BOTH see a lawyer, a different lawyer for each party, and not a different lawyer at the same firm. You tell them to see a lawyer, but what you don't do is tell the other party WHICH lawyer to use.

 

[Clancy]

I have said they should BOTH see a lawyer, a different lawyer for each party, and not a different lawyer at the same firm. You tell them to see a lawyer, but what you don't do is tell the other party WHICH lawyer to use.

Ahhhh got it! , yes, correct.