Part 2: Will our financial agreement be rejected?

In Part 1, we talked about the process of getting your financial agreement signed off on by the Court Registrar. Now, to talk about what the Registrar considers in order to sign off on an agreement. The law says that the division of assets, debts and superannuation after separation (formally called a ‘property settlement’) should be ‘just and equitable’—basically, […]

Part 1: Will our financial agreement be rejected?

“Will our financial agreement be rejected by the Court?” This is a question that we often get asked before a separating individual or couple choose to engage us to prepare the documents to formalise their financial agreement.. Another question is, “If the Court refuses to make our agreement, will the Court impose an outcome on […]

Lawyers Who Tell You What You Want to Hear

There are lawyers out there, just like car sales people, who will tell you what you want to hear. Perhaps you want to hear how much you’re “entitled” to in the division of assets or, that you “could get more” or that you’ll “definitely be able to have your children 50% of the time”. We’d suggest […]

What’s the difference between Parenting Plans & Parenting Orders?

A Parenting Order is an Order made by the relevant Court about care arrangements and matters to do with children. Parenting Orders can be made by consent (agreement by the parents) or by a Judge after a trial where parents cannot agree. Parenting Orders can be as comprehensive and detailed as you want, for example, the […]

Important time limits in family law

If you are a de facto couple, you have two years from the date of separation to reach a financial agreement with your partner or commence Court proceedings seeking a property settlement. If you haven’t reached a financial agreement within the two-year period and you still want a property settlement, then you have to ask […]

Why Court isn’t all that it is cracked up to be

I cannot recall an occasion where in my years of private practice as a family lawyer, a client has said to me that they want to go to Court without first trying to reach an agreement with their partner. This is probably because at that outset, they realised that going to Court would cost them […]

Why We Don’t Like Going to Court

We don’t like going to Court because: We can see value in the other process options to assist couples to reach an agreement, that are faster and significantly cheaper and less costly emotionally. Neither you nor the lawyers have any real control over what happens at Court. There is no certainty about cost, time or […]