We can assist you with all aspects of your property settlement including:
Asset division – we provide you with advice in relation to the likely range of division
of your assets if your matter went to Court – so that you don’t have to go there.
Arming you with the knowledge of where you stand means that you can
confidently go into negotiations or mediations on your own, or with a lawyer, with
confidence.
Even in amicable separations, it is important to obtain legal advice to ensure that
all assets including real property, superannuation, companies and/or businesses,
family trusts, farms or unusual or difficult to value assets can be appropriately
accounted for.
In some matters especially where one partner has been the primary income
earner, spousal maintenance is relevant up to settlement of the property division
and sometimes for a period after settlement. We can advise you in relation to
either your entitlement or obligations in relation to spousal maintenance.
Child support is an important aspect of a separation and there are options outside
of the standard child support assessment which are appropriate in some
circumstances and we can make recommendations for you to consider which
option best suits your needs.
Parenting Arrangements
We can assist you in providing options for your parenting arrangements with your
former partner to meet the needs of your family, and documenting the agreement
made to provide you with protection and certainty.
Our focus is on negotiation and mediation where this is possible or it makes sense
to do so, with the aim of giving you a practical approach to suit you and your
children, depending on their age and stage of development, that helps you take
the next step in your new life.
We have extensive experience in higher conflict parenting situations where
negotiation isn’t advisable or possible, such as where there are concerns or
allegations in relation to safety or family violence, alienation of a parent or other
risk factors such as alcohol or drug use.
Consent Orders
Where you have negotiated your property or parenting matter either between you,
with the assistance of a mediator, or with the assistance of lawyers, it is important
to formally record the details of your agreement.
We can assist you in preparing an Application for Consent Orders which is sent to
the Court for approval. You do not have to attend the Court.
Consent Orders provide you with certainty and finality in your property and/or
parenting matter.
The risk in making an informal or handshake agreement is that the other party
could make a further financial claim at any time in the future - for example if you
receive an inheritance - or even decide that the parenting arrangements you have
in place no longer suits them and change their mind about the agreement.
Each of these examples mean that you would likely need legal advice about how to
move forward depending on your particular situation.
It is important to note that there are particular circumstances where Orders for
property or parenting can be changed, and we can assist you with advice in
relation to this if required.
Financial Agreements
Hope for the best, but plan for the worst….
With the stories that we all hear about the very worst family law disputes, or
maybe you have been through a property division at the end of a relationship
yourself, sometimes entering into a financial agreement can provide you with
peace of mind if your relationship breaks down.
We can prepare a financial agreement to suit your specific needs – whether it is
before you marry or live together in a de facto relationship, during your
relationship or even after the relationship or marriage has ended.
Common situations where clients seek a financial agreement are where they want
to protect particular assets that they brought into the relationship, in second or
subsequent relationships or marriages where they seek to protect both their
assets and their children’s interests in their assets in the future, or in cases where
the parties just want certainty if their relationship breaks down in the future.
Divorce
We can assist you in providing advice on timing or completion of your divorce
application, or make the application on your behalf. In the majority of cases we
are able to handle your divorce application for a fixed fee.
In some circumstances, specific advice is needed – for example, where one
partner may be overseas, or there has been a period of separation under the one
roof, or where the parties may have briefly reconciled following separation, and
later separated again.
It is important to note that obtaining a divorce can have an impact on your
property settlement as there are time limits in place. For example, if you obtain
your divorce, and then start negotiating your property division, and then those
property negotiations break down and you have to make an application to the
Court, after the time limit, you will have to seek permission from the Court.
Court Applications
Sometimes despite a party’s best efforts to resolve a matter, it becomes necessary
to make a Court application.
It can sometimes be that a court application would be more cost effective than
continuing to negotiate with a party that is unwilling to participate in good faith in
trying to resolve the matter, or that you have been able to resolve some but not all
of your family law issues.
It can sometimes be that there is an urgent need for the intervention of the Court,
or that you have been served with a Court application and need advice about how
to respond.
We have extensive experience in litigating matters in the Court and can assist you
with the right advice, strategy and support during this process.
Always keep in mind that it is still possible to continue to negotiate your matter
even if your case is before the Court. The Court brings a timetable and deadlines
to your matter which informal negotiations don’t have.
The Courts have a heavy dispute resolution focus and the support and structure
the Courts have put in place are designed to achieve resolution of matters before
you go to a final hearing. The vast majority of matters settle before a final hearing.
For all Court matters we provide you with a detailed estimate of your anticipated
costs, as well as costs of any outside professionals that will be necessary along the
way (such as valuers, family report writers, barristers). At each Court event, you
are provided with a formal notice of your costs to date, and anticipated costs
going forward.
Notary Services
In addition to family law Carol is able to assist clients who are seeking the services
of a Notary Public.
Carol is a Fellow of the Society of Notaries Victoria.
How can a Notary assist you?
Notaries assist clients with documents that are intended for use overseas.
For example:
Where you are required to sign a document such as an affidavit for an
overseas court matter;
Where you are granting a power of attorney to a trusted friend or relative in
another country;
Where you want to have your Australian qualifications verified to send
overseas
