If you are considering leaving your partner we recommend you first try family counselling to see if the relationship can be salvaged.
Seek Legal Advice
If you have decided to leave your partner and own property (sole and/or joint) and/or have children to the relationship, you should seek legal advice. It can be empowering to know your legal rights and helpful to assist you with moving forward in your separation. At Caldwell Family Lawyers we offer a free initial appointment at our Brisbane and our Gold Coast office with one of our lawyers. This can allow you the clarity that you need to move forward with your matter.
Separation is often a stressful and emotional time for all parties involved. Getting advice from a lawyer can assist you with making major decisions about the future care of your children, and how to divide your property, money and belongings.
What Influence Division Of Property?
A lawyer will ask you about initial contributions to the relationship, a list of all the assets and liabilities and any other relevant factors, and can provide you with advice about what you may receive in a property settlement. By identifying your assets and liabilities you can easily clarify your financial position.
An overall division of property can be influenced by factors such as the initial financial contributions at the commencement of the relationship, financial contributions during the relationship, non-financial contributions during the relationship, whether there are children to the relationship, any income disparity, and other facts under the Family Law Act 1975 (Cth) (see example below).
A lawyer can advise you what your rights and responsibilities are, and can assist you to reach an agreement with respect to property and parenting matters without going to court. If you have clarity around your matter then you have more chance of being able to negotiate an agreement on your terms without the help of a lawyer. If this is the case, you will save money and hopefully be able to move on from your relationship in a more amicable way.
If you and your ex-partner can reach agreement with your family law matters, a lawyer can prepare documents which are filed in court and become orders that outline your agreement with respect to property and children. Once you have court orders by consent, you and your ex-partner must comply with those orders.
It is best to have one of our experienced lawyers draft the documents for you. We can do this for anyone in Australia, it doesn’t matter where you are situated, you will not need to attend out office or meet us face to face. We offer fixed fee consent orders, so that you know what the costs will be.
If you are interested in knowing more, please contact our office.