The difference between the process and the outcome
The mediation session is voluntary and confidential — neither party is compelled to agree to anything. But once an agreement is reached and properly formalised, it becomes as enforceable as any other court order or contract.
How to make a family agreement legally binding
| Agreement type | How it is formalised | Legally binding? |
|---|---|---|
| Parenting plan | Written and signed by both parents | Not a court order — good faith agreement |
| Consent orders | Filed with and approved by the court | Yes — enforceable as a court order |
| Binding financial agreement (BFA) | Signed by both parties with independent legal advice | Yes — binding contract |
| Workplace or commercial settlement deed | Signed written agreement | Yes — enforceable contract |
What happens if someone breaks the agreement?
A consent order can be enforced through the Federal Circuit and Family Court of Australia — breach can result in fines, community service, or imprisonment for serious contraventions. A binding financial agreement or settlement deed can be enforced through the courts as a breach of contract.
Should I get legal advice before signing?
Yes — always. A lawyer should review any draft agreement before you formalise it. For binding financial agreements, independent legal advice is a legal requirement — without it the agreement can be set aside. See consent orders vs BFAs explained.
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