Do I need to see a lawyer? Article by Catherine Van Luenen
Not all relationship separations meet the stereotype of fire and brimstone endings. Some separations occur where two people simply decide the relationship is no longer working and resolve to go their separate ways.
In this circumstance, it’s not uncommon that the separating parties are able to reach an agreement about how to divide their assets and liabilities and arrangements for any kids. While working through these issues, a question that generally occurs to one or both parties, and is asked by friends and family, ‘Do I need to see a lawyer?’
The answer to this question will always lie with the individual, but in our experience, a mind with questions answered is a more peaceful mind.
We always encourage individuals to speak to a lawyer for the following reasons: -
Is the agreement you reach fair? How will it affect you long term? Is the agreement even viable? These are the topics that we would discuss with you in an initial appointment. We discuss the contributions made by each party, whether it be financial or as a parent, and whether the agreement that has been reached reflects those contributions. We answer any and all questions about the situation and explain how things can be resolved as quickly as possible. ‘Knowledge is Power’ is a phrase we often use, and having these questions answered can help you so much when you’re trying to work through an agreement with your former partner.
By seeing a lawyer, you can have a formal agreement, known as Consent Orders, drawn up and filed with the Court. Having your agreement formalised will end the financial relationship and protect you both into the future.
There can also be massive financial benefits from obtaining Consent Orders where the transferring of a property from one party to another is involved. To read more about this, check our blog post here www.familyfocuslegal.com.au/about/news/consent-orders-case-study
Implementation of agreement
It can be deceptively difficult, when it comes to property separation, to actually put into place the agreement you have reached correctly.
Again, where there is the transferring of property or the splitting of superannuation, a lawyer can remove the headache and legwork from you, cutting through the ‘red tape’ and procedural requirements in a short space of time.
Peace of mind
A lawyer, when providing advice and guidance, will look at the short term and long term effects of the agreement, something that you may not have the head space for at that point.
By speaking to a lawyer, you will know whether the agreement you have reached is fair and it is one of the safest ways to avoid waking up in two years’ time, worrying about whether you made the right call about the dividing of your property.
Family Focus Legal offers a no obligation, fixed fee, initial consultation to go through all of the above and allow your mind to rest easy.