Legal Drafting Services
Legal drafting is a big part of family law. It’s the difference between a quick divorce and a long and messy one.
What is legal drafting?
Compliance with Legal Rules
Whether you’re going to the Magistrates Court or the Supreme Court, legal drafting is key. In family law it’s the process of creating legal documents that are binding in the Family Court. This can include consent orders, property and parenting orders, child support agreements and more.
Good legal drafting is important for married and de facto couples. It must meet the requirements of the Family Law Act 1975.
Andrews Family Lawyers offers a great service that produces watertight agreements. As family lawyers, we can handle the most complex situations.
Why is good legal drafting important?
Compliance with Legal Rules
Family law documents must comply with specific rules. For example, binding financial agreements must be structured to accurately account for the property pool. Any mistakes in drafting can have the agreement set aside.
Legal Force
Legally drafted documents are binding and enforceable, providing clarity and security for your service, project, or drafting needs. Unlike informal agreements, these documents reduce the risk of interpretation errors, memory lapses, and future disputes, ensuring your interests are well-protected.
Avoiding Disputes and Litigation
Informal agreements can lead to long and costly legal battles. With professionally drafted documents, supported by expert drafting, parties can avoid the associated emotional and financial stress. Our skilled team offers comprehensive support to assist with your project, ensuring properly drafted documents that help resolve issues quickly and reduce the chance of court involvement.
How we can help with legal drafting
Quick Resolution of Matters
Our drafting service ensures family law matters are resolved efficiently. Our experienced team of family lawyers specialises in drafting clear and comprehensive applications tailored to your project or legal drafting service needs. By using precise language, we help the court understand your vision and provide the best possible representation of your situation, streamlining the entire process.
Cost Savings
Our family lawyers provide a cost-effective way to get your project documented with precision. We offer clients fixed fees for professional drafting in Brisbane, ensuring transparency and value. However, quality matters—bad drafting can lead to delays and potential court action. Our skilled team takes the lead, delivering drafting that aligns with your vision and gets it right the first time, saving you both time and money.
Experience and knowledge
Legal documentation involves complex matters. Our team has years of experience working on many different types of projects. Are you working out a complicated property pool? Do your custody issues involve international jurisdiction? Our drafting service has dealt with all sorts of complex cases. We base our advice on a deep understanding of the law.
Our Process
Planning
- Initial Consultation: Meet with the client at a free consultation. We get to know them and their situation.
- Research: Get to know the case inside out.
- Strategy: Work out what the client wants to achieve in their case.
Review the situation
Assessment: Look at the client’s financials and parenting arrangements.
- Risk: Identify the risks in the client’s case.
Submit
Draft legal documents:Draft the necessary documents based on the information gathered.
Filing: File the documents through the online portal.
What are the advantages of a legal drafting lawyer?
Benefits and importance
A family lawyer with the right skills streamlines case progression. Handling the technical aspects of court applications reduces a client’s anxiety and helps them focus on the future.
Common challenges and solutions
Drafting legal documents can be confusing and complicated. An experienced legal drafting lawyer ensures that applications are successful and agreements are binding.
Why Choose Us?
Choosing a law firm that specialises in this area and puts your needs first is essential. Andrews Family Lawyers is an excellent option for a few reasons:
Experience:
We have a long history of success, helping thousands of clients with document drafting.
Client-centric legal practice:
We customise our service to each client. We take the time to get to know you.
Approachable and communicative:
We are always available to talk. You will be updated every step of the way. We make you feel looked after.
Understanding:
We treat every client with kindness and compassion. Family law matters are sensitive. You will always feel supported.
Affordable:
Everyone deserves access to good legal representation. We offer competitive fees so you can protect yourself.
Confused About Binding Financial Agreements?
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Meet Peter Andrews
Peter is a qualified legal practitioner with over twenty years of experience, predominantly in family law. Peter began his career with Clayton Utz before moving into suburban practice in 2007 with a focus on family law settlements.
Peter began his practice, Peter Andrews Lawyer Pty Ltd, in 2013. After many years of success, the business was rebranded Andrews Family Lawyers in 2022.
Peter is a married father of three young, intelligent and often annoying children who are still lovely.
Trusted By Our Clients
With a proven track record in resolving complex family law issues, we've earned the confidence and trust of families across north Brisbane.
Our Binding Financial Agreement Lawyers Is Ready to Help
If you are thinking about creating a Binding Financial Agreement, seeking advice from professionals in family law is crucial. At Andrews Family Lawyers, we possess the necessary knowledge and expertise to assist you throughout the process. Please get in touch with us today to schedule a consultation.
Let Us Help You !
We’re here to provide expert guidance and support for your legal needs.
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Frequently Asked Questions (FAQ's)
What are the advantages of Binding Financial Agreements?
- Privacy
Binding Financial Agreements (BFAs) are private agreements that don’t require airing your financial laundry in a public court, offering a level of confidentiality that many find appealing. - Autonomy
BFAs allow you to take control of your financial destiny. You and your partner can decide on terms that suit your circumstances without the intervention of a court. - Speed
Binding Financial Agreements (BFAs) can be executed much more quickly than other financial settlement methods without court approval, saving you valuable time. - Peace of Mind
Knowing that financial matters are settled can provide peace of mind and allow couples to focus on their relationship without underlying financial concerns.
When to consider BFA (Binding Financial Agreement)?
Pre-Marital Planning: Before tying the knot, a Binding Financial Agreement (BFA) can protect each party’s existing assets. These are sometimes called pre-nuptial agreements.
During a Relationship: Cohabitation agreements clarify financial responsibilities and expectations while the couple lives together.
Post-Separation: To formalise the division of assets after a relationship has ended.
What can happen if you enter a legally binding financial agreement without understanding it?
There are risks associated with entering a legally binding financial agreement. However, with the help of an experienced legal practitioner, these risks can be avoided.
- Unfairness or Imbalance
A BFA doesn’t need to satisfy the fairness requirements of the Family Court. The terms of the property settlement may unduly impact one party. - Poorly Drafted or Ambiguous Agreements
Vague or poorly drafted agreements can lead to misunderstandings and legal disputes.
Are there any restrictions on what can be included in a BFA?
Several things can’t be included in a BFA, such as:
Child support;
Parenting arrangements;
Lifestyle clauses;
Property acquired after the agreement is made.
What alternatives are there to a BFA?
Parties can organise property matters through a court order (by agreement or not) or an informal agreement. Informal agreements are generally not recommended.
How long does a BFA take in Australia?
A BFA’s timeframe depends on several factors. It generally takes one to two months in Brisbane and throughout Australia. However, it may take longer if negotiations drag on or the financial matters are complex.
Can a BFA be amended or updated?
To alter a BFA, each party must agree to the amendments. The agreement must be redrafted with the same legal requirements for independent legal advice. The new agreement should contain a clause revoking the previous agreement.
Do I need a lawyer to create a BFA in Brisbane?
Although it is possible to create a Binding Financial Agreement (BFA) without legal assistance, it is highly recommended for both parties to engage lawyers. This is because both parties must receive independent legal advice for the agreement to be considered legally binding. A lawyer can also ensure the agreement is drafted properly and covers all the necessary aspects of your financial arrangements.
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