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Document

Drafting Service

Our Document Drafting Service

At Wise Mediations we understand that people want to resolve a
dispute quickly and efficiently so they can also move forward, instead of being
trapped in endless litigation.

We provide a document drafting service so that a mutual agreement
reached in mediation can be put in writing.

Parenting Document Drafts

For Parenting Disputes, the document draft can either be a Parenting
Plan or Parenting Consent Orders draft.

Parenting Plan

A Parenting Plan is an agreement between parents which provides the terms of the parenting arrangements in a document which is not binding like a court order, but it is still considered to be evidence that can be relied upon as the agreed parenting arrangements for children should a dispute arise in the future regarding the parenting issues.

This gives more flexibility for parents that are looking for an parenting agreement in writing which is effective immediately, without the formality
of a court order.

A Parenting Plan can give each parent the ‘peace of mind’ knowing that they are on the same page with their parenting arrangements and have it in writing so that their parenting arrangements are consistent and predictable, to avoid unnecessary misunderstandings.

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Parenting Consent Orders

Parenting Orders by Consent is an agreement between the parents which provides the terms of the parenting arrangements in a document which can be filed online with the Registry of the Federal Circuit and Family Court of Australia and sought to be made by the Registrar, without the need to go to Court.

Once the Orders by Consent are accepted by the Registrar and made as Parenting Court Order by Consent, then it becomes binding by law as a Court Order.

There is still flexibility in a Parenting Order by Consent, however it has more formalities and each party is also answerable to the courts in the event of noncompliance.

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Property Document Drafts

Property Orders by Consent

Property Orders by Consent is an agreement between a separated couple which provides the terms of the final property settlement.

A Final Property Orders by Consent document can be filed online with the Registry of the Federal Circuit and Family Court of Australia, and sought to be made by the Registrar as final property orders, without the need to go to Court.

Once the Orders by Consent are made by the Registrar, it becomes binding by law as a final property settlement court order.

Heads of Agreement

A Heads of Agreement is a document that sets out the essential terms settlement agreement reached at mediation, which the parties use to formalise as a legal document such as a Binding Financial Agreement.

To obtain a Binding Financial Agreement, the parties have to each give a copy of their settlement terms to their own lawyer. The Heads of Agreement document can be used to formalise the terms of property settlement as a Binding Financial Agreement document.

A Binding Financial Agreement must have independent legal advice from a separate lawyer for each party with a certificate of independent legal advice before the document can be legally binding as a contract.

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Estate Document Draft

For Estate disputes, if a settlement agreement is reached at mediation, we can
provide the parties with a Heads of Agreement document draft reflecting the terms
of settlement agreement reached at mediation.

A Heads of Agreement is a document that sets out the essential terms of an
agreement reached by the parties to settle a dispute, which the parties use to
formalise any required legal document such as a Deed of Settlement or a
Court Order by Consent.

The Estate representatives can use the Heads of Agreement document as the
settlement terms which are formalised into a Deed of Settlement document to
make the settlement legally binding as a contract.

Otherwise, the Estate representatives can use the Heads of Agreement
document as the settlement terms to formalise an Orders by Consent document
which is filed with the Supreme Court of the relevant state to settle the matter
with a court order.

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Reaching Agreement

Let our Wise Mediators help you resolve your dispute, The Wise Way

“ With a written agreement you have a prayer,
with a verbal agreement you have nothing but air.”

– Robert Ringer