My partner and I are in agreement - we just want to make it binding...
We speak with lots of people who say that they have reached an agreement with their partner regarding the division of their assets. They now want to make sure that the agreement is formalised and that it is binding, so that they can move forward with confidence. We offer a fully online solution (and a mix of online and offline if preferred), which simplifies the process and keeps costs down!
1. WE ARE IN AGREEMENT
If you have reached an agreement, that is great and we can now work towards a binding settlement without delay, just click below…
2. WE HAVE AGREED ON SOME THINGS, BUT NOT others
As the saying goes, little by little becomes a lot. Progress in resolving your matter is great and we encourage parties to work together where possible. Some final negotiations from lawyer to lawyer may be required, just click below and let us know what is left to do…
3. WE ARE NOT CLOSE TO AN AGREEMENT AT THE MOMENT
No two matters are the same and so there are still many cases where for any number of reasons, an agreement between the parties without intervention may be difficult. Perhaps there are some very serious personal issues, complex property structures or even a clash of styles. We can help. Click below to provide as much information as you can and we will call you the same day…
Frequently Asked Questions
Going to court can involve delay, large expense and an uncertain outcome. If an agreement is reached between you and your partner, we can finalise the agreement in what is called Consent Orders. This document goes to court, but we do not. Once it is sealed by the court – you have an Order.
Yes you can. Clearly, where children are involved, their maintenance, care and advancement are critical. The access arrangements for the children can also impact on the property settlement as one party may have greater future needs as the primary carer of children.
It is true that some settlements will be 50/50. However, there are many factors that can tilt the scales in either direction. For example, one person may have greater future needs due to being the primary carer for the children, one party may be unwell or one party may earn much more than the other. We encourage you to click blog on the top menu and read our article about what happens to property when you separate.
This will depend on the scope of your work – in other words, using the categories above, whether your matter is 1, 2 or 3. Each package requires a different level of work – Simply put, Package 1 is ‘small’, Package 2 is ‘medium’ and Package 3 is ‘large’. Where possible, we offer fixed fees. This means you know exactly how much your ‘package’ will cost and that figure does not change!
Depending on your circumstances, the answer may be ‘no’. However, ‘should’ you have a lawyer? Yes. Technically, parties can prepare their own consent orders and send them to the court. However, it is always advisable to at least have a lawyer review the documents. This can prevent issues into the future. For example, the court does not just accept an agreement because the parties say this is what they want. The court considers many factors and the best way to prevent delay is to see a collaborative lawyer – one who will work with you towards a settlement and not needlessly prolong your matter!
Property settlements can indeed attract the attention of the tax office. We advise all clients to seek financial advice and we can refer you to a financial advisor that we recommend. Property transfers following the breakdown of relationship may avoid stamp duty, however, it is important to seek accurate advice based on which State you live in. It is also important to consider capital gains tax implications.