The breakdown of a relationship can be one of the most stressful “life events” you will experience. Many people seek the assistance of a counsellor during this time. Friends and family also provide invaluable support.
Some options for finding a counsellor are: we can assist you with some names of possible counsellors, you can obtain a recommendation from your General Practitioner or you can seek information and assistance from the Australian Psychological Society.
Circumstances vary and advice needs to be obtained on individual circumstances, but some useful steps and general advice to consider may be:
- You may need to get advice on and then agree financial arrangements between you pending a final settlement;
- Be careful to ensure there are not easy opportunities for the other party to access substantial amounts of money;
- The lodging of a caveat on Title to a property that is in the other parties’ sole name may be necessary;
- Keep communicating with your former partner and keep things as amicable as practicable; and
- Keep communicating around the children’s needs and ensure they do not witness or sense, as much as practicable, dispute or animosity between you.
The first step in determining what is a just and equitable property settlement is, broadly, to identify and value the net assets of the parties as at the date of any agreement. If the value of an asset is in dispute it may be necessary to obtain evidence of value. If a business or a property has recently been valued, this could be a useful starting point.
It is worth discussing with us the names of some possible valuers who have experience valuing assets for family law purposes. Industry bodies may also be of assistance in identifying possible valuers.
You should discuss with us the pros and cons of each of you having your own valuer as against you jointly appointing a valuer. The terms upon which a valuer is engaged will also need to be considered.
The majority of interim applications are heard “on the papers”. This means that your barrister will put your position at court, based largely on the affidavit material and any subpoenaed documents. It is not usually necessary for you to give evidence at an interim hearing.
These are the court fees for the filing of Applications, Consent Orders, a Divorce Application, the issuing of subpoenas and for a Conciliation Conference.
Application for Consent Orders – $170
Application for Divorce – $940
Initiating Application / Response to Application – $365
Initiating Application (Parenting and Financial Orders) – $595
Interim Application – $125
Conciliation Conference – $415
Issue Subpoena – $55
Exemptions or a reduced fee are available in some circumstances. We can discuss your possible eligibility for an exemption or a reduced fee with you.
Once your matter is finalised through court orders, those orders will need to be implemented.
In conjunction with yourself and your accountant and/or any other party (banks and your partner’s representative) we will undertake all necessary steps to implement your orders. This work can generally be completed by our paralegal, under the supervision of a solicitor.
It is important that all steps associated with the implementation of your orders are completed with care and in the time set out in the Orders.
Once your orders are made, we will provide you with a summary of what needs to be done to implement your orders and our estimate of the costs associated with those tasks.
You will need to lodge a copy of your marriage certificate with your Divorce Application. If you do not have a copy you can get one from Births Deaths and Marriages Victoria.
If you wish to enter into a financial agreement before or during a relationship or marriage and before separation, you should obtain advice from us on financial agreements generally.
These documents can make sense in second relationships. They provide a level of certainty for parties (as much as is available at law) in terms of what will occur if you separate. They also enable parties (as best as is practicable at law) to protect some or the majority of their assets for the benefit of their children.
Financial agreements should be considered as one option in an overall family succession planning package.
Parties should obtain succession planning advice at the same time as entering into a financial agreement. If either party passes away whilst the parties are still together then their assets will be distributed in accordance with their will and other succession principles (and not in accordance with the financial agreement). You should obtain advice from a wills and estates expert on what will occur upon either of your passings and on estate planning measures available to you.
It is important that financial and taxation advice (if applicable) is obtained before the financial agreement is signed.