There are certainly benefits, pros and advantages to having independent legal advice about the deal that you and your partner have reached together and about how the documents formalising your agreement(s) are drafted before you sign your agreement.
Whilst to enter into Financial Consent Orders, Parenting Consent Orders or a Parenting Plan (which are the documents that we specialise in preparing for you to have your agreement(s) recognised legally), independent legal advice isn’t required, it is recommended.
You’re probably thinking, ‘Yes, but why get it?’. Well, there are a few reasons:
- Your lawyer will talk you through what the law says and how it applies to your circumstances. This advice could involve talking to you about what an appropriate division of your assets, debts and superannuation is taking into account what the law says and your particular circumstances. The advice could also involve talking to you about what things Judges consider in determining care arrangements for children after separation. What you do with that advice is a matter for you but at the end of the day, if you still want to enter into the agreement that you’ve reached with your partner, you’re doing so with your eyes wide open.
- You will be made fully aware of your rights under the relevant laws and the meaning, effect and consequences of the agreement that you propose to enter into.
- Your lawyer may raise with you some other relevant issues or potential scenarios that you mightn’t have factored into your agreement.
- The drafting of your agreement documents may be advantageous to your partner and therefore disadvantageous to you or vice versa. You mightn’t realise this at the time of signing your agreement documents.
We appreciate that there are many separating individuals and couples out there who are concerned about involving lawyers who will kick-up-the dust-which-has-finally-just-settled and disrupt the relationship and destroy the agreement that has been reached. At the end of the day though, what you, as the client ,decide to do with that advice is entirely up to you.
We specialise in formalising agreements reached by couples after separation. You have the option of engaging us solo, in which case we will prepare the draft agreement documents on your behalf and provide you with independent legal advice about the agreement(s) reached. Alternatively, you and your partner have the option of engaging us jointly to prepare the draft agreement documents, in which case you are both our clients. In those circumstances, we cannot and do not provide independent legal advice.
Do get in touch with us if you’d like to hear more about how Separate Together works and how we can help you.