Separating? Want to Avoid Court? Craigieburn Lawyers Can Help
Going through a separation or divorce is difficult enough without the added stress of court proceedings. At Craigieburn Lawyers, we understand that most separating couples want a fair and efficient resolution without stepping into a courtroom. Whether it is dividing property or formalising parenting arrangements, we help you reach legally binding agreements that avoid unnecessary conflict and costs.
In this article, we explain the two main legal pathways that allow you to finalise your separation without going to court: Consent Orders and Binding Financial Agreements (BFAs). We also outline why so many clients in Melbourne's northern suburbs choose Craigieburn Lawyers for practical, local family law support.
Why Choose Craigieburn Lawyers?
Craigieburn Lawyers is the trusted choice for families across Craigieburn and surrounding suburbs who need legal advice during separation. We are known for:
Experience in both property and parenting matters
Fixed-fee options to give you clarity and confidence
A local, client-focused approach that prioritises your outcome
Fast turnaround on documentation and negotiations
If you are searching for "Craigieburn family lawyer" or "family law firm near me" because you are separating and want to avoid going to court, we are here to help.
What Are Consent Orders?
Consent Orders are written agreements between separating parties that are approved and formalised by the Family Court. Once made, they have the same legal effect as if a judge made the orders after a hearing.
Consent Orders can cover:
Parenting arrangements, such as where the children live, how much time they spend with each parent, how decisions are made, and more
Property settlements, including the division of assets, liabilities, superannuation, and financial resources
If both parties agree, a Consent Order is the most efficient way to formalise your agreement and make it enforceable.
Why use Consent Orders?
They provide certainty and finality
They are enforceable through the Court
They avoid the need for expensive litigation
They reflect your agreement, not a judge's decision
At Craigieburn Lawyers, we draft, review and lodge Consent Orders with the Family Court on your behalf. We also assist in negotiating terms if you have not yet reached full agreement.
What Is a Binding Financial Agreement?
A Binding Financial Agreement (commonly known as a BFA or financial separation agreement) is another way to document the division of property and finances after separation.
Unlike Consent Orders, BFAs do not require Court approval. However, for the agreement to be legally binding and enforceable, each party must receive independent legal advice before signing.
BFAs can be used:
During a relationship (including de facto relationships and marriages)
Before a marriage or cohabitation (as a pre-nuptial style agreement)
After separation or divorce
They are often used by parties who want more flexibility than the Court process allows or who wish to keep their agreement private.
Advantages of a BFA:
Greater control over terms
No need for court involvement
Useful for complex financial arrangements or unique asset structures
Private and confidential resolution
Our Craigieburn family lawyers are experienced in advising on and preparing BFAs tailored to your financial and legal needs.
Why Avoiding Court Makes Sense
Litigation should be the last resort. Even when a separation is emotionally charged, it is often more beneficial for both parties (and children, if applicable) to resolve matters amicably and formally outside of court.
Benefits of avoiding court include:
Significant cost savings: Court proceedings are expensive, and costs can escalate quickly.
Faster resolution: A negotiated agreement can be formalised in a matter of weeks, whereas court cases can take time.
Less stress: The court process can be emotionally taxing. Reaching an agreement privately is generally less confrontational.
More control: You and your former partner decide the terms, not a judge.
Better co-parenting outcomes: Cooperative agreements support healthier long-term co-parenting relationships.
Is a Verbal or Informal Agreement Enough?
No. A common mistake separating couples make is believing that a verbal or informal written agreement is sufficient. Without a legally binding Consent Order or BFA, there is nothing stopping one party from later seeking a different outcome through the courts.
For example, one party might:
Refuse to follow through with the agreed division of property
Apply for a greater share of assets months or years after separation
Dispute parenting arrangements and withhold access
At Craigieburn Lawyers, we ensure your agreement is legally sound and enforceable, providing the peace of mind you need to move forward.
Parenting and Property: Do You Need to Formalise Both?
While you are not legally required to formalise parenting or property matters, it is strongly recommended. Parenting arrangements can be captured in either:
A Parenting Plan (non-binding but useful in low-conflict situations)
Consent Orders (legally enforceable)
Property and financial settlements should be finalised through:
Consent Orders or
Binding Financial Agreement
If you fail to formalise property settlement, the other party may make a claim against you months or even years after separation. In married relationships, property claims can be made up to 12 months after divorce. For de facto relationships, it is 2 years from the date of separation.
How Craigieburn Lawyers Can Assist
Our team provides a complete separation resolution service without litigation. We can assist with:
Drafting Consent Orders for parenting or property
Advising on and preparing Binding Financial Agreements
Negotiating fair and practical terms
Managing communication between parties
Ensuring enforceability and legal compliance
We take a practical, solution-focused approach, helping you resolve matters quickly, respectfully and cost-effectively.
Book a Consultation Today
If you are separating and want to avoid court, speak to Craigieburn Lawyers. We offer consultations and clear advice about your options in person or via Zoom.
We are proud to support families in:
Craigieburn
Roxburgh Park
Greenvale
Mickleham
Donnybrook
Wollert
Kalkallo
Beveridge
and across Melbourne’s north
Get in touch with an experienced family lawyer at Craigieburn Lawyers today and find out how we can help you move forward.
Craigieburn Lawyers, Trusted local advice in separation, divorce, property settlements and parenting agreements.
Contact Craigieburn Lawyers to book your consultation and receive practical advice specific to your circumstances.