Without a formal financial separation, you remain exposed to financial liability for years into the future, even if you have come to 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 agreement, however, you should have a professional opinion about your legal prospects– about how a court decide your property settlement entitlements if you were unable to reach agreement. You can use these estimates to more realistically frame your decision-making and your negotiations.

This clinic is the perfect introduction to the front-end of your property settlement experience. We provide a professional opinion of the likely range of results for your property settlement, based on the information that you provide and the time constraints of the consultation. We describe the relevant law. But we can also provide advice on how to treat specific assets and liabilities, about your and your partners’ obligations to disclose financial information, about collecting evidence, collating the data and determining values. We can explain the steps to documenting your settlement and applying to the court and can suggest content for your property settlement agreement.

• A legal professional opinion about the possible outcomes for your property settlement in a court
• Understanding about the legal principles of property settlement (to assist you in formulating your own positions and evaluating your former partner’s)
• Understanding about relevant process, family court forms and legal procedure
• Clarity about how to address specific issues
• Legal realism in property settlement discussions leads to earlier and more sustainable resolution
• Readiness for mediation or private discussions