Financial separation of a domestic partnership is difficult but necessary to be able to move and get on with your new separate lives.
Sometimes agreement is harder to reach and it becomes necessary to protect your interests by starting court proceedings.
We can advise if, when and how quickly you should litigate and the range of settlement options available to you.
It is always possible, and often preferred, to settle out of court.
“Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”
Common Property Questions
The Family Law Act provides for a four step process when making orders for the division of matrimonial assets. These steps are:
There are many precedent cases that provide guidance on how the court deals with these factors, however, each case is determined according to its own particular facts
It is wise to get advice from a lawyer before you enter into an agreement so that you can be aware of your entitlements. It is also wise to have legal assistance in drawing up the agreement to ensure that it is enforceable.