Posted by the four agreements book on July 03, 2026 at 23:35:26:
In Reply to: globalvoyager posted by MurrayKig on July 03, 2026 at 00:34:35:
If the Court is not satisfied that the proposed Orders are just and equitable, the Court may request
further information or refuse to make the Orders at all.
Financial Agreements can finalise property settlements (and in some circumstances, spouse maintenance) without the need for an application to be made
to the court. There are strict procedural requirements on how these agreements
are required to be entered into, including a requirement that both parties receive independent legal advice
prior to entering into the agreement. In this particular matter, the parties
had not documented their agreement in either of the above ways but had simply divided up their assets amongst themselves as
an informal property settlement. Because of this, the client remained
exposed to the possibility of his former partner filing an application seeking leave to
proceed out of time, which if successful, would mean his former partner
could have sought a further property adjustment.