amica

If you have separated from your partner and have a reasonably amicable relationship, you may be able to use amica to reach an agreement about parenting arrangements and property settlement.

amica is a secure online tool which helps separating couples resolve their disputes and record agreements in writing.

What is amica? 

amica is a secure online tool which helps separating couples reach agreement about both parenting and property disputes. It guides people through a step-by-step process, and offers them information and support along the way to help them reach an agreement.

amica helps people communicate online at their own pace, in their own time and in their own space. If you and your ex-partner agree on a property settlement or parenting arrangements, amica can help you record the agreement in writing. This can potentially cut your legal costs and save you money. 

amica is an initiative of National Legal Aid with input from Legal Aid Commissions around Australia, including Legal Aid WA.

Can amica help with disputes about parenting arrangements?

If you have children, amica can help you and your ex-partner work out parenting arrangements that suit your family. amica is best suited to people who are able to communicate and talk to each other respectfully.

You should not use amica for a parenting dispute if:

  • your situation is complex
  • there are urgent issues (for example, if your ex-partner is threatening to move away with your child)
  • there has been, or there is a risk of, family violence or child abuse, or
  • there are current court proceedings in the Family Court or Children’s Court.

Visit amica to find out whether it is right for you.

Recording an agreement about parenting arrangements

If you and your ex-partner agree about parenting arrangements for your children, amica can help you record the agreement in writing.

amica will produce a document for you after you have gone through the online process with your ex-partner. You and your ex-partner can then either:

Can amica help with disputes about dividing property?

amica can help you and your ex-partner resolve disputes about dividing property following separation. amica uses artificial intelligence to make suggestions about dividing your money and property based on the information you enter. The artificial intelligence takes into account:

  • your assets and circumstances
  • agreements commonly reached by other couples in similar situations, and
  • how courts generally handle disputes of this nature.

You should not use amica for a property dispute if:

  • you want to divide superannuation
  • the property pool includes complex business or financial arrangements (for example, there is a company or trust)
  • there are assets overseas, or
  • the main thing to be divided is debt.

Visit amica to find out whether it is right for you.

Recording an agreement about property settlement

If you and your ex-partner agree about how you will divide your property, amica will produce a document for you that records the agreement. However, this document is not legally binding or enforceable (even if you both sign it).

To formalise a property agreement, you and your ex-partner can make an application to the Family Court for consent orders. This makes your agreement legally binding and enforceable.

amica can help you complete the forms you need to apply to the Family Court for consent orders for a property settlement. amica can suggest a Minute of Consent Orders and pre-fill an Application - Consent Orders (Form 11).

The Family Court must be satisfied your agreement with your ex-partner is fair before making consent orders in terms of your agreement.

Can I use amica to split my superannuation?

amica will take the amount of superannuation both people have into account in its calculations. However, amica cannot split superannuation for either married or defacto couples. It is recommended that you seek legal advice about superannuation.

How much does amica cost?

amica is free during the trial period (until 1 January 2021).

Should I get legal advice?

It is recommended you obtain legal advice before signing any agreement about parenting or property or before transferring any property.

 

Reviewed: 6 November 2020.

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.