When families go through separation or other legal matters, verbal promises are often made. These spoken agreements might feel clear and fair at the time, especially when trust is still present. But under Australian family law rules, spoken promises are not always legally binding.
Australian family law prefers written agreements. While some verbal agreements may hold weight in court, they must meet strict conditions. Whether about parenting time, property, or finances, relying only on spoken words can be risky.
Let’s break this topic down so you understand when a verbal agreement matters and what to do if it’s all the evidence you have.
Is a Verbal Agreement Legally Enforceable Under Family Law in Australia?
A verbal agreement can be legally recognised depending on the situation. Under verbal agreement family law Australia principles, courts look at more than just whether the agreement was spoken or written.
They examine whether both people intended to be legally bound, what was agreed on, and whether the terms are clear.
In family law, certain agreements must be in writing to be enforceable. For example, binding financial agreements or parenting orders need to be either written, signed, or approved by the court to be legally enforceable.
Verbal agreements about who keeps the car or when a child stays over may not be recognised unless you can prove both people agreed and meant it to be binding. So, while not entirely impossible, proving that a verbal agreement is enforceable is difficult under verbal agreement family law Australia standards.
Read Also: Family Law Consent Orders: How They Can Ensure Fair and Lasting Agreements
What Risks Are Involved in Relying on a Verbal Agreement in Family Law Australia?
Trust can break down during separation or divorce. That’s why relying only on spoken promises can lead to problems. Here are the biggest risks under verbal agreement in family law Australia cases:
- No Proof: If one person changes their mind, there’s often no clear record of what was agreed.
- Misunderstandings: Two people might remember the same conversation very differently.
- Changing Circumstances: Life changes. New partners, jobs, or moves can lead to arguments over old verbal deals.
- Court Rejection: If you go to court, a judge may not accept a verbal agreement as legally valid unless there’s other supporting evidence accompanying the verbal evidence.
In short, verbal agreements can lead to more confusion, stress, and even more legal costs. Putting things in writing protects both parties from future disputes.
Read Also: Family Law Consent Orders: How They Can Ensure Fair and Lasting Agreements?
Can a Verbal Agreement Be Used as Evidence in Family Law Matters in Australia?
Sometimes, yes. Under verbal agreement family law Australia rules, a verbal agreement may be used as evidence, but it will not always be considered legally binding.
If one person says, “We agreed that I’d have the kids every weekend,” and the other disagrees, you may need witnesses, text messages, emails, or recordings to support your claim. These can help prove that a conversation happened and provide clear evidence of what was said.
Judges do listen to evidence about conversations, but usually will give more weight to written records. Courts prefer clarity, and without proof, a verbal agreement may carry little influence.
So while spoken promises might come up in court, they are usually not enough on their own to win a case.
When Might a Court Honour a Verbal Agreement in Family Law Australia?
A court may honour a verbal agreement if certain conditions are met under Australian Family Law rules. Here are some examples of when that might happen:
- Both parties acted on the agreement. If you followed the deal for months without issue, it may help show there was an understanding.
- There is supporting evidence. Witnesses or written messages that show a verbal promise was made can be helpful.
- There was clear intent to be bound. If both people treated the verbal agreement seriously, a judge may take that into account.
These situations are not common, and the outcome depends on the facts of the case. Still, they show that under verbal agreement family law Australia, courts are open to hearing about verbal deals, but they want strong evidence.
What Should You Do if You Have a Verbal Agreement in a Family Law Dispute?
If you’re relying on a verbal agreement, here’s what you should do right away:
- Put it in writing. Write down what was said and send a copy to the other person. Ask them to confirm in writing or with signature.
- Save any proof. Keep text messages, emails, or any notes that relate to the agreement.
- Get legal help. A lawyer can help you turn a verbal agreement into a legally recognised one.
- Apply for consent orders if you both agree. This turns your private agreement into a court order.
- Avoid future verbal-only deals. Stick to written agreements going forward.
In verbal agreement family law Australia cases, acting quickly and wisely can help avoid disputes. A written agreement is always safer and clearer than relying on memory or spoken words.
When Words Are Not Enough
Spoken promises may feel right at the time, but in family law, they can fall apart when you need them most. Under verbal agreement family law Australia expectations, courts focus on what can be proven, not just what was said.
If you’ve made a verbal agreement or are thinking of relying on one, take steps now to protect yourself. Put things in writing, keep records, and talk to a professional before it becomes a bigger problem.
Need Help Turning a Verbal Agreement Into Something Solid?
Are you unsure whether your verbal agreement will stand up in court? Justice Family Lawyers can help you understand your position and work with you to get things in writing. Clearly, fairly, and legally.
Speak with a family law expert who listens, explains your options in plain English, and helps you move forward with peace of mind. Contact Justice Family Lawyers today to make confident decisions backed by real legal support.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
