Juliana Smith
BN (MID) LLB GDLP - Principal Lawyer

Heidi Keighran
LLB (Hons) GDLP - Associate Lawyer

03 5444 1181

If your lawyer suggests a separation agreement in Bendigo you may be wondering what this contract involves and why it’s necessary. A separation agreement is a binding contract between you and your partner, so failure to execute on either side may result in a claim in the future. However, the Court may choose not to enforce an agreement it deems unreasonable or unfair or one that provides inadequate child or spousal support.

Why is a separation agreement required?

If you and your partner are separating, this agreement can help you address and settle issues such as child custody, family assets, and maintenance without physically having to go to court to resolve these problems. If you can agree on this way, you may avoid steep litigation expenses. In most cases, the Court respects a separation agreement as long as they are reasonable, fair, and executed properly. However, the Court may refuse to recognise your separation agreement if it includes terms that it deems not in the best interests of your children. If one party has failed to disclose certain liabilities or assets, or if it is apparently unfair (for example, if one party waives his or her right to support altogether) the court may not accept the agreement. A separation agreement is a good option for couples who can agree to the terms of their separation and accept the settlement. Some couples, however, have complex property division issues, difficult child care issues, significant assets, or some other circumstance that makes it impossible to reach an agreement without litigation.

If you and your partner agree about issues such as property division and child care, you may create a formal separation agreement known as an Application for Consent Orders. An Application for Consent Orders is approved by the Court but parties are not required to attend the Court. Both sides must completely and accurately disclose their financial positions. Another requirement is that both parties receive independent legal advice from a separation lawyer in Bendigo about the agreement.

Find a divorce lawyer in Victoria at JSLaw

There are many divorce law firms in the Bendigo area, but not all of them have the personal touch you’ll find at JSLaw. When you need a divorce lawyer in Victoria, JSLaw can provide the necessary knowledge and experience to help you reach the best possible outcome for everyone involved. For six years, we’ve built a solid reputation as a boutique law firm offering personalised, quality service to each of our valued clients. When it’s vital to find a lawyer who takes the time to understand your particular situation, our empathy, professionalism, and one-on-one counsel are the answer. When you’re choosing between local law firms,

Contact JS Law or call on03 5444 1181 We're here to help.