Property Settlement following a breakup.

In a perfect world, family law would not exist and we could all agree on what was reasonable when parties separate. sadly, we all know that is not possible, and in many situations we are unable to agree on almost anything, and we need to resolve things to move on with your life. This is not to say that some couples manage to agree on a sensible solution, and save themselves lots of stress, money and time.

If you cannot agree on a deal, it can be complicated by the need to care for children, families involvement and any new partners, which is even made worse if one party does not accept that the relationship should end. This does not even take into account the additional stresses of still paying the bills, and trying to resolve issues of what is reasonable for the children.

In this most testing time, it is perhaps not surprising that it can be often feel impossible to make any decisions.

this is where the law comes in, as it has over many years implemented a system designed to make a decision as to what is appropriate, after considering all relevant circumstances.

This includes looking at the assets you have accumulated, who has contributed to the marriage (both financially and otherwise) the needs for the future, before making a decision that is said to be “just and equitable In the circumstances”.

Unlike most laws in Australia, Family Law is the same throughout the country.

The system has to its credit implemented changes encouraging the parties to resolve issues as quickly as possible. it has designed various of ways for the parties to be able to sit down, including the help of a trained mediator. with the right legal advice, and a mediator, most people eventually get a deal. No one is always happy with a deal, but the saving of legal fees by not going to a final hearing is a great motivator for most people.

The role of a lawyer in this process is also incredibly important. You should recieve advice on the process, what the court expects and what is reasonable in your circumstances. it is also vitally important to let the other side know what your financial position actually is, to ensure that any deal is not jeopardised by trying to hide any assets.

Once a deal is completed, you then have the option to ask the court to approve any deal. The court will in this process consider if the deal is reasonable. the alternative is to sign an agreement, which sets out the deal and is signed by an independent lawyer for both sides confirming that they have given advice on the deal.

No system is perfect, and the court system can be seen to be delayed and sometimes can be seen to be unfair. it is a system that in many situations manages to get parties to a stage of agreeing to a deal, when initially this appeared impossible.

if you are dealing with a separation, contact Culleton Lawyers for advice and experience and help you through the process and get to the other side.