Recorded Webinar: Drafting Enforceable Family Law Orders in Property and Parenting Matters

Drafting enforceable court orders is an important skill for practitioners. The orders must cover all aspects of the proposal or agreement reached and include a mechanism for enforcement. Getting the drafting right is essential, and this session looks at the key issues, including:

• Taking instructions – obtaining the right information to aid the drafting process

• Drafting overview – plain English vs legal jargon

• Making sure the orders are understandable to both parties (and the court) – general and the more complex

• Property settlement drafting essentials:

  • courts’ powers operate in personam

  • full title on property

  • dealing with personal property

  • payment of a lump sums

• Obligations on third parties such as a trustee of superannuation fund

• Drafting parenting orders:

  • live with/spend time with

  • holidays / special days

  • extra-curricular activities

• Dealing with an injunction and/or restraints

• Undertakings and commitments – how to define the obligation