Everything may seem amicable in the beginning, but what happens when disagreements arise?

What starts as a verbal understanding between two cooperative individuals can quickly unravel when circumstances shift or trust breaks down. Informal arrangements over finances, children, or property may feel convenient at the time, but without legal backing, they leave you exposed. Many discover too late that the court cannot enforce such agreements, even if they seemed mutually acceptable at first.

This article explores what informal divorce agreements are, why they can be risky, and how to ensure your arrangements are legally recognised and enforceable.

What Are Informal Agreements in Divorce?

Informal agreements refer to verbal or written understandings made between divorcing or divorced spouses without involving the court. These typically cover:

• Custody, care, and control of children
• Visitation and access schedules
• Division of immovable property and matrimonial assets
• Spousal or child maintenance
• Living arrangements

Such agreements may seem workable—especially in amicable separations—but they carry no legal weight unless formalised by the court.

Why Informal Agreements Should Be Formalised

Legal Certainty

A formalised agreement is enforceable. If one party defaults, you can seek legal remedies.

Clarity and Avoidance of Disputes

Vague or undocumented promises often lead to conflict later. A clear, court-approved agreement prevents ambiguity.

Protecting the Children’s Interests

Formalising custody, access, and maintenance arrangements ensures consistency in care and support.

Court Recognition

Only court-endorsed documents like a Consent Order will be considered during legal proceedings by the Family Justice Courts.

Turning Informal Agreements Into Legally Binding Orders

Draft a Consent Order

If both parties agree on key matters, the terms can be recorded in a Draft Consent Order. This includes:

• Custody and access
• Division of assets and debts
• Maintenance arrangements
• Living arrangements

Submit During Divorce Proceedings

The Draft Consent Order can be filed with the divorce papers (for uncontested cases) or at the Ancillary Matters stage (for ongoing cases). Once approved, the terms become legally binding.

Explore Mediation First

If mutual agreement is proving difficult, consider mediation or neutral evaluation. If divorce proceedings have started, the Family Justice Courts provide:

• Family Dispute Resolution (FDR)
• Child-Inclusive Mediation

Agreements reached through these services can also be converted into Consent Orders.

Already Divorced but Have New Informal Arrangements?

You can still formalise changes such as revised maintenance or access schedules after divorce:

• Consent Application: if both parties agree to the change
• Contested Application: if one party disagrees

Our family lawyers can assist with preparing and submitting the necessary applications.

Why Engage a Family Lawyer

While it’s technically possible to file a Consent Order without legal help, a qualified family lawyer ensures:

• Terms are clearly drafted and legally sound
• Compliance with family law requirements
• That your rights, duties, and entitlements are properly considered

Legal guidance becomes even more crucial when children or significant assets are involved.