Quite often, lawyers are only approached by a client after they have reached an agreement with their former partner or spouse on matters flowing from their separation, such as how to divide their property and the parenting and living arrangements for their children.
This agreement may have come about through a variety of means, such as the parties agreeing to attend mediation or simply through amicable discussions. Regardless of how agreement was reached, it is important that the terms of any agreement are documented properly. So, how do we do this and what types of documents are available? There are many options and it is important to tailor the document to the agreement reached between the parties and the circumstances of the relationship.
Consent orders… read more
Parenting Plan … read more
Financial Agreement … read more
Binding Child Support Agreement … read more
Why settle without going to court?
It saves you time and money if you can reach agreement without going to court. You also know exactly what the outcome will be, whereas, by going to court, there is uncertainty waiting for a judicial officer to decide for you. Additionally, long court proceedings can increase stress and add to the pressure that you and your family are under.
Reaching an agreement with your former partner or spouse is always the preferred manner in which to resolve disputes after a separation. There are many benefits to reaching an agreement with the other party, such as:
• you make your own decisions
• you do not need to go to Court
• you greatly reduce the financial and emotional costs of legal proceedings
• your continuing relationship as parents, if you have children, is likely to work better
• you are able to move forward and make a new life for yourself
• you may improve communication with your former partner and be better able to resolve disputes in the future.
It is important to remember that even though agreement has been reached, it must be documented properly and you should seek legal advice from a Family Law expert to decide which method of documenting the agreement is best for you. It is also an opportunity to capitalise on other related matters such as tax exemptions and stamp duty exemptions on the transfer of property.
The purpose of this article is to provide a basic overview of the options available to parties who reach an agreement and the most common types of Orders and Agreements. Often, separations require an examination of business structures, companies, trusts, self-managed superannuation funds and other related issues. The team at Murdoch Lawyers work closely with selected accountants, financial planners, valuers, forensic accounting experts, tax and superannuation experts who can provide expert advice on those areas to ensure our client receives the best possible outcome which is sustainable in the long-term.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.