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Separation Agreements & Consent Orders – Gold Coast Family Lawyers

Legally Binding Separation Agreements & Consent Orders

Going through a separation can be an emotional and stressful time. Ensuring your financial and parenting arrangements are legally secure is essential for peace of mind and future stability. At Robbins Watson Solicitors, our experienced Gold Coast family lawyers help clients formalise their separation agreements through Binding Financial Agreements and Consent Orders, providing clarity and legal protection.

What is a Binding Financial Agreement?

A Binding Financial Agreement is a legally enforceable contract that outlines how assets, debts, and financial resources will be divided after separation. It can be created before, during, or after a relationship and helps protect both parties from future financial disputes.

Key Benefits of a Binding Financial Agreement:

  • Provides certainty over asset and debt division
  • Does not require court proceedings
  • Tailored to your specific financial situation
  • Avoid stamp duty and minimise capital gains tax on the transfer of real estate
  • Legally binding under the Family Law Act 1975

What is a Consent Order?

A Consent Order is a legal document approved by the Family Court, which formalises parenting and property agreements reached between separating parties. Unlike a Binding Financial Agreement, a Consent Order is reviewed by the court to ensure fairness and compliance with family law principles.

Key Benefits of a Consent Order:

  • Court-approved and legally binding
  • Covers property settlements and parenting arrangements
  • Enforceable if one party fails to comply
  • Avoids lengthy litigation and legal costs
  • Avoid stamp duty and minimise capital gains tax on the transfer of real estate

Do I Need a Lawyer for Binding Financial Agreements & Consent Orders?

For a BFA to be legally valid and enforceable, both spouses must obtain independent legal advice as to:

  • Their rights and obligations under the agreement
  • The advantages and disadvantages of entering into the agreement

While you can prepare and file consent orders without solicitor involvement, seeking professional legal advice ensures you do not agree to a unfair settlement and increases the likelihood they will be approved by the Court. 

Mistakes or omissions can result in delays, future disputes, financial loss, or court intervention. Our experienced family lawyers will:

  • Review your agreement to ensure compliance with family law
  • Provide tailored legal advice based on your circumstances
  • Draft, negotiate, and finalise your Consent Order or BFA
  • Handle court applications for Consent Orders

Get Expert Legal Advice Today

If you’re considering a Separation Agreement or Consent Order, don’t leave your future to chance. Contact Robbins Watson Solicitors today to schedule a free initial consultation with one of our experienced family lawyers. 

To book an appointment, you can:

  • Call us on 07 5576 9999
  • Book an appointment online by clicking here
  • Fill out our online enquiry form by clicking here

Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.

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Ruth Jeffers

Partner

Alexandra Coyle

Senior Associate

Emily Molloy

Solicitor

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As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

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B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

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Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

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George

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Frequently Asked Questions (FAQs)

What is a separation agreement?

A separation agreement, also called a binding financial agreement, sets out how a couple’s assets, liabilities and spousal maintenance will be dealt with following separation.

How do consent orders work?

Consent orders are legally binding court orders made by agreement that cover property division and parenting arrangements without the need for a hearing.

Do I need a lawyer to draft a consent order?

While you can prepare your own application, legal advice helps ensure the orders are practical, compliant and address all issues to avoid future disputes.

What topics can be covered in a consent order?

Orders can deal with the sale or transfer of property, division of superannuation, spousal maintenance and parenting arrangements for children.

Are consent orders enforceable?

Yes, once made by the court they have the same effect as any other court order, and breaches may result in penalties or enforcement action.