PROPERTY & FINANCIAL SETTLEMENT
We will advise you to help you reach the financial settlement that is right for you and your family.
FINANCE, PENSION, AND PROPERTY ARRANGEMENTS, INCLUDING CLAIMS FOR UNMARRIED COUPLES
Sorting out finances is often the most complex thing that needs to be dealt with when a relationship breaks down. We have very experienced solicitors throughout our offices who will give you clear advice and represent your interests through initial negotiation to final hearing. We also work closely with skilled actuaries, accountants and financial advisers, meaning we’re well equipped to help you find a solution to what is an important problem that will impact your future.
It is a myth that the law recognises “common law” marriage. The truth is that couples who live together don’t have the same rights as couples who marry or enter into a civil partnership. At Owen White & Catlin, we help clients take the essential steps needed to ensure their interests are protected.
Children – childcare, residence, and contact
Disputes or issues relating to children and child arrangements, whether between parents following the breakdown of their relationship or in relation to care proceedings, can be very difficult for all concerned. We have been representing parents, grandparents, and other family members for many years. We work in a constructive way from the outset, giving clear advice to ensure that the best approach is adopted, and the child’s best interests are protected.
BINDING FINANCIAL AGREEMENTS
The only other way that you can finalise your property settlement agreement is through a Binding Financial Agreement. This is a private contract between you and your ex-partner that must be prepared ad executed in accordance with strict statutory guidelines. For example, unlike Consent Orders, both parties must have their own independent legal advice, preferably from an experienced Family Lawyer. These Agreements can be drawn up before you live together (often called a Pre-Nup), during your relationship or after you separate. We can draft these documents and we can review them if you are presented with one. We can provide a fixed fee quote to do this for you.
The quickest and cheapest way to finalise the division of your property with your ex-partner, following separation, is to reach an agreement and draft this into Consent Orders. Consent Orders are a binding document, issued by the Family Court once your agreement has been considered and determined to be a fair outcome. A Court appearance is not required. Due to their final and binding nature, these Orders can be tricky to draft but we do them all the time and we know how to get them right. Plus, if you want to include an Order for some of your superannuation to be split, there are certain steps that must be taken to make this happen. Consent Orders can also avoid the payment of stamp duty if property is to be transferred. We can provide a fixed fee quote to draft Consent Orders with a quick turnaround, often in a week or so.
If you have a family law matter, contact one of our experienced family law Solicitors and Barristers at (02) 8747 1789 to discuss how we may assist you in achieving a favorable outcome. Republic Lawyers extensively practice in Family Law and regularly appear at the Family Courts of Australia.
The above information is intended as general information and is not to be relied on as legal advice.