Fixed price document preparation.
In purchasing one of our fixed our fixed price, you are entering into an agreement for our firm to provide you with document preparation legal services. We will not provide you with legal advice as to your agreement/orders sought/ proposal but rather ensure the documents reflect the information and details you have provided.
If you are seeking legal advice on your agreement or documentation, we recommend you book in for a fixed price initial consult here. (hyperlink).
By purchasing our product, you agree to accurately provide the name of the other party so that our practice can undertake a conflict check. Whilst we are not providing legal advice, the detail information you provide would create a conflict of interest if we were currently representing your spouse. In the event, we have a conflict of interest, we will notify you by email prior to you undertaking our questionnaire and issue a full refund.
It is recommended you read the prescribed Court brochure ‘Marriage, Families and Separation’ to gain some understanding to the legal process. You can find them here:
- People in Western Australia look here. (link to https://www.familycourt.wa.gov.au/_files/Information_Kits_Brochures/Brochure_Marriage_Families_Separation.pdf)
- People in the rest of Australia look here. (link to http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/separation/marriage-families-and-separation)
We confirm all document prepared are based on your instructions only. Failure to provide accurate advice and any possible issues that may arise by such failing is born by you. It is important you ensure you have provided all information when completing the questionnaire and any information missed is provided during the appointment you have with Francis and Associates Lawyers.
Please read the relevant information for your chosen product type:
A parenting plan is a document setting out an agreement reached between parents of children. A parenting plan is not enforceable by the relevant Court for your matter (Family Court of Western Australia/ Federal Circuit Court) but the Court will usually have regard to agreement if signed by the parents.
A parenting plan, like any other contract, can be overturned if a party entered into the agreement due to for reasons including, but not limited to duress, fraud, misrepresentation such as misleading disclosure as to relevant matters and unconscionable conduct.
A parenting plan can be easily changed if the parties agrees and offers flexibility to parents to change things as circumstances change without the need of updating more formal Minutes.
Application for consent orders
An application for consent orders is a formal application to the Court in your jurisdiction, to essentially sign off on an agreement reached between the parties in financial and/ or parenting matters. The Application Form is accompanied by Minute of Orders. The Application form is an affidavit and contains all relevant information of the parties. It is fraudulent to provide misleading information in the form. We confirm we complete this information in accordance with the details provided by you and have no liability for any misleading information contained therein.
An Application for Consent Orders is not automatically consented to by the Court and the Court must be satisfied an agreement is in the best interests of the child for parenting and is just and equitable for financial. We confirm in purchasing the fixed fee product that we are not providing legal advice on the merit of your agreement. If you wish for some initial advice on the agreement, please book in for an initial consult here. (LINK).
Financial Consent Orders
In all financial matters the parties have a duty to provide full and frank disclosure of their financial position to one another. An Order can be overturned should parties fail to disclose information as to their financial position. Details as to disclosure requirement can be found here:
- Western Australian clients can find court brochure here https://www.familycourt.wa.gov.au/_files/Information_Kits_Brochures/Brochure_Duty_of_Disclosure.pdf
- Rest of Australian clients can find court brochure here (http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/applications/duty-of-disclosure
You should ensure you are satisfied you have met the disclosure requirements. We do not verify the parties have exchanged disclosure and rely on these terms as to our notice to you of this duty.
We can assist you in compiling disclosure safely and securely for an additional charge if requested.
We will prepare orders in accordance with your instructions. As we will not have access to documents filed within your Court matter, we can provide any advice as to the merit and likelihood of success your Orders may have in your case. Our service is to provide well drafted Order reflecting your instructions and to provide no advice on your case.
If you need some initial legal advice, you should book in for an initial fixed fee appointment here.