Why might I need this?
Without a formal financial separation, you remain exposed to financial liability for years into the future, even if you have reached agreement about the issue. You can protect against this by putting your agreement into an application to the court for property settlement orders.
The application will be ‘by consent’ between the parties, so there is no question of needing to appear in court. It is likely, however, that you’ll need some guidance about the process — it is procedurally quite complex.
Before you reach your agreement, you should have a professional opinion about your legal prospects: how a court would decide your property settlement entitlements if you were unable to reach agreement. You can use these estimates to frame your decision-making and your negotiations more realistically.
Service description
This clinic is the perfect introduction to the front end of your property settlement experience. We provide a professional opinion on the likely range of outcomes for your property settlement, based on the information you provide and the time constraints of the consultation. We explain the relevant law. We can also advise on how to treat specific assets and liabilities, on your and your former partner’s obligations to disclose financial information, and on collecting evidence, collating the data and determining values. We can explain the steps involved in documenting your settlement and applying to the court, and can suggest content for your property settlement agreement.
Already have a lawyer and want an independent view of your matter? See our Second Opinion Clinic (LSP11).
What benefits will I gain?
- A legal professional opinion about the possible outcomes for your property settlement in a court
- Understanding of the legal principles of property settlement, to assist you in formulating your own positions and evaluating your former partner’s understanding of the relevant process, court forms and legal procedure
- Clarity about how to address specific issues
- Legal realism in property settlement discussions, leading to earlier and more sustainable resolution
- Readiness for mediation or private discussions
Service summary
We provide:
A 1-hour audio-visual or audio-only consultation with a Tribe family lawyer, providing legal advice, information, coaching and planning as appropriate to your needs as you disclose them and to what you tell us you wish to gain from the session.
Personalised action checklist.
Your responsibilities:
Completion of our pre-consultation Family Property Questionnaire.
Fees
$450 plus GST
