In many cases, property and financial matters following a marriage or relationship breakdown, can be resolved amicably and by consent, without the need for conflict or litigation. Many ask the question, “if we have reached an agreement between ourselves, do we really need to get a lawyer?”
Whilst finalising matters on an informal or ‘handshake’ basis may seem like the quickest and most cost-effective way to resolve matters following a separation, the reality is that there are significant risks involved with electing not to formally document your agreement. In addition, formalising your agreement allows you to ‘draw a line in the sand’ to provide you with certainty or finality, moving forward.
We can assist you to formally document your agreement in respect of the following:
- the ongoing parenting arrangements for your children (such as the responsibility to make major long-term decisions or the time and communication that your children have with each of you);
- the division of your property and assets, as well as any associated liabilities (including the family home, any business interests, your superannuation and any other jointly or individually owned assets or liabilities);
- the level of child support that you are to pay/receive for your children (including the payment of other expenses such as private school fees, extracurricular activities or private health insurance); and/or
- the level of financial support that you are to pay/receive (and for how long) following the breakdown of your relationship.
In formalising the above, there are a number of important, technical requirements that must be complied with. We can assist you to formally document your agreement to not only ensure that these requirements are met, but that all outstanding matters are covered.