Common family law questions answered by Wallen Family Law.

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Reaching an agreement after separation is a huge step forward — but until it’s made legally binding, it may not be enforceable.

Many people don’t realise that informal or verbal agreements can fall apart later, even after months of cooperation.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is one of the most common issues she sees. “People often tell me they’ve agreed on everything, and that’s great — but if it’s not formalised properly, either person can change their mind at any time,” she explains.

Why Formalising Matters

Formalising your agreement ensures it is recognised and enforceable under the Family Law Act 1975 (Cth).

It provides clarity, protects both parties, and prevents future disputes about what was said or promised.

“Even the most amicable separations can go off track if the agreement isn’t properly documented,” Melody says. “Once it’s formalised, you both have certainty and closure.”

Two Main Ways to Formalise an Agreement

In family law, agreements can be made binding in two main ways — through Consent Orders or a Binding Financial Agreement (BFA).

“They both make the outcome legally enforceable,” Melody explains, “but they’re used slightly differently.”

Consent Orders are approved by the Federal Circuit and Family Court of Australia. They can cover both parenting and property arrangements.

Once approved, they have the same legal effect as if a judge made the orders after a hearing — but without going to court.

Binding Financial Agreements are private contracts that can deal with property division or spousal maintenance.

Each person must have independent legal advice for a BFA to be valid. “If that advice isn’t properly documented, the agreement won’t hold up,” Melody notes.

Parenting Agreements vs Parenting Orders

Parents can record arrangements in a Parenting Plan or apply for Parenting Orders by consent.

A Parenting Plan is flexible but not legally enforceable. Parenting Orders are binding and can be enforced if one parent doesn’t comply.

“If you want security and accountability, formal orders are the safer option,” Melody says. “They protect both parents and the children by removing uncertainty.”

What Happens if You Don’t Formalise It?

Without formal Consent Orders or a Binding Financial Agreement, your arrangement is only based on goodwill.

Either party could later bring a claim seeking a different division of assets subject to time limits or a change in parenting time.

“It’s heartbreaking when someone assumes everything is settled, only to be served with new proceedings years later,” Melody says. “Formalising the agreement prevents that from happening.”

Quick Answers

What’s the difference between Consent Orders and a Binding Financial Agreement?
Consent Orders are approved by the Court and can include parenting and property matters. A Binding Financial Agreement is a private contract covering financial issues only.

Do we both need lawyers?
For Consent Orders, it’s not mandatory — but strongly recommended. For a Binding Financial Agreement, both parties must have independent legal advice.

Can we apply for Consent Orders ourselves?
Yes, but most people use a lawyer to ensure the documents meet all legal requirements and won’t be rejected by the Court.

Are Parenting Plans enforceable?
No. They’re useful as a guide but can’t be enforced by the Court. Parenting Orders, however, are binding.

Why should we formalise if we already agree?
Because circumstances change. Formalisation gives you protection, clarity and closure — ensuring your agreement stands the test of time.

From Melody

“Reaching agreement is a positive step — but formalising it is what gives you peace of mind. It transforms goodwill into legal security, protecting both you and your family for the future.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

One of the biggest sources of stress for family law clients is not knowing what their legal costs will be.

At Wallen Family Law, we do things differently. Our fixed-fee structure provides transparency, predictability and peace of mind from the very beginning.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says the goal is to remove the uncertainty that comes with traditional hourly billing. “When you’re going through separation or divorce, the last thing you need is surprise invoices,” she explains. “We want clients to know exactly what each stage will cost — before we start.”

Why We Use Fixed Fees

Fixed fees give clients clarity about what they’re paying for, when it’s due, and what’s included.

It allows you to plan your legal costs just like any other household or business expense — without worrying about time sheets or unexpected hourly charges.

“It keeps everyone focused on outcomes, not the clock,” Melody says. “We’d rather spend time helping you move forward than measuring every six minutes of your day.”

How It Works

Every matter begins with an initial fixed-fee consultation, where we learn about your situation and outline your options.

After that, we provide a clear proposal for your particular matter, the inclusions and the cost within a set fixed fee.

“If your matter changes, we’ll discuss it before anything new happens,” Melody explains. “It’s about transparency — you’ll never get a bill you didn’t expect.”

What’s Included in a Fixed Fee

Each fixed-fee matter includes all standard work relevant to that step of your matter — such as document preparation, meetings, emails, and negotiations.

“We clearly outline what’s included in writing,” Melody says. “That way, you can see exactly what you’re getting and what the outcome of that stage will be.”

Our Philosophy — Clarity from the Start

“Our table is round,” Melody explains. “We believe clarity leads to calmer outcomes. When people know the cost upfront, they can focus on resolution rather than worrying about the meter running.”

This approach reflects the firm’s core values — honesty, empathy and accessibility — ensuring clients feel supported and informed at every step.

Quick Answers

What does a fixed fee include?
Everything necessary to complete that stage of your matter — such as meetings, correspondence, and document preparation. It’s outlined in writing before you begin.

What type of matters do you offer as a fixed fee?

If you’ve reached an agreement with your ex-partner, we offer property and parenting Consent Orders, Binding Financial Agreements, Binding Child Support Agreements, Parenting Plans and Divorce Applications on a fixed fee.

Do fixed fees mean no extra costs at all?
Your fixed fee covers all agreed work. If extra work is required (for example, a new issue arises), we’ll give you a clear quote first. No surprises.

Do you offer Legal Aid or payment plans?
Yes. We’re a Legal Aid NSW panel firm and can assist eligible clients. We also work with JustFund to provide legal funding where appropriate.

Why do you prefer fixed fees over hourly rates?
Because it gives clients control, transparency and trust — and lets us focus on solutions instead of billable minutes.

From Melody

“Our fixed-fee model is designed to take the stress out of the process. You’ll always know what’s ahead — in both your legal steps and your costs. It’s family law, made clear.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law