Financial Property Settlements Following Separation - What to do?

It is most important to be informed and therefore you maybe forewarned about the pitfalls and traps of dealing with what generally is an emotionally charged issue.  Don't try and link financial outcomes and your children's best interests, to do so can often lead to unnecessary conflict.

Armed with advice and information you will ensure that your actions are in your best interests and reasonable.  You may easily be led into serious conflict (which might lead to unnecessary Court proceedings) if you follow poorly considered or just plain bad advice from overly litigious lawyers, overprotective (but usually ill informed) friends and family.  If you are contemplating separation you should seek advice from a competent family law solicitor or family dispute resolution practitioner.

If you and your partner are not able to reach an agreement about how to resolve your property issues there are avenues available to keep you out of Court.  Be wary of advice to commence court proceedings without first considering your other options.  Your options include legally assisted negotiations, Mediation and Collaborative Law.  There are times when immediate steps should be taken to protect your interests and to prevent the dissipation of assets.  In most cases however, litigation is usually not necessary.

If you have reached an agreement regarding property issues you should formalise the agreement to ensure that all financial issues are finalised between you in accordance with the provisions of the Family Law Act.  This can be achieved by way of Consent Orders or a Financial Agreement (sometimes called a Binding Financial Agreement or separation agreement).  Without a legal end to property issues litigation in the Family Court will remain a possibility even if you are divorced.

Contact us and use the options provided on this web site for:

• Advice on your legal position;
• Mediation of your property issues;
• Advice on how to deal with your family law (property and childrens) issues through the Collaborative Law process;
• Advice on how to minimise and/or remove the possibility of future litigation by way of Consent Orders or a Financial Agreement;
• Prenuptial Agreements, Financial Agreements during a marriage;
• Defacto and same sex agreements before entering a defacto relationship, during the relationship or upon the breakdown of a relationship.

After all, your financial future will depend upon the quality of the professional assistance you obtain.  We offer fixed fee services. 

We are committed to obtaining the best possible outcome for you and your family through alternative dispute resolution methods unless Court proceedings are indicated by the facts of your particular case.