Family lawyer Adelaide & SA — consent orders, BFAs, divorce and property settlement

If you and your former partner have reached an agreement about property or the children, consent orders make it final and enforceable, so you can both move forward with certainty. The Application for Consent Orders (Form 11) and the proposed orders are filed online with the Federal Circuit and Family Court, with a $205 filing fee, and a registrar decides them on the papers — there's no court appearance. The orders must be just and equitable for property, and in the children's best interests for parenting.

I draft the orders so they're clear, complete and approvable, check the financial disclosure behind them, and talk you through every clause before you sign. I understand that a separation can stretch a budget to breaking point, so my fixed fees for SA clients are lower than my Victorian fees: $990 for consent orders covering property only or parenting only, and $1,490 for both, plus the court fee. Your fee is confirmed in writing after the free 30-minute consultation.

A Binding Financial Agreement is a private contract under the Family Law Act that sets out how property and superannuation will be divided, without a court approving it. South Australian couples make them before marrying or moving in together (a prenup), during the relationship, or after separating. Each of you must receive independent legal advice before signing, so I act for one of you only and your partner needs their own lawyer.

A BFA is only as strong as the way it's made: full disclosure, real time to consider it, and careful drafting. For SA clients, a straightforward BFA starts from $1,490, with more complex agreements from $2,990 to $4,950, confirmed in writing after the free consultation.

You can apply for divorce after 12 months of separation, on your own or jointly, online through the Commonwealth Courts Portal, for the same $1,125 filing fee ($375 with a concession) as anywhere outside WA. My fixed fee for SA clients is $750 for a joint application and $990 for a sole one, and I'll be there to answer your questions along the way. Divorce ends the marriage but doesn't divide property, so property settlement is a separate step — by agreement through consent orders or a BFA, or through the court if you can't agree.

Time limits matter: married couples generally have 12 months from the divorce taking effect to apply for property orders, and de facto couples generally two years from separating.

South Australian cases are handled by the Federal Circuit and Family Court through its Adelaide registry. If a hearing is needed, I appear by video link where the court permits, or in person where the matter requires it, and brief local counsel where needed so you're not managing two sets of lawyers. For clients in regional SA, working by video means you don't need to travel to Adelaide for appointments.

If the family home or other property is being transferred between you, South Australia generally provides relief from stamp duty for transfers made under family law orders or a Binding Financial Agreement, subject to conditions — we check how that applies before the orders are finalised. Intervention orders are made by the Magistrates Court of South Australia under SA law; if you need one, or are facing one, I'll help you work out what needs to happen locally. In an emergency call 000, or 1800RESPECT (1800 737 732) for confidential support.