Are you looking for expert advice for your separation?

Frequently asked questions

• We just want to divide our property ourselves - can we?

  You can agree to the division of your property with your ex-partner but to be legally binding, a relationship property settlement must be recorded in an agreement, signed by both parties, and must be certified by independent lawyers. It is a requirement that both parties receive independent legal advice before signing too.

• So what does it mean to receive independent legal advice?

  Even if you and your ex-partner agree on how you would like to divide assets, it is a requirement of the Act that each of you receive advice on your entitlements under the Act and how your proposed division compares. If you are giving up many of your entitlements, we may advise you to not proceed with your division and to try and negotiate terms that are more fair and reasonable.

• What if we cannot agree how to divide property?

  Then coming to us is your best next step! We can give you advice on your entitlements that can assist discussion with your ex-partner and/or we are able to enter into communications directly with their lawyer in order to move the division forward and take out some of those emotions from the equation.

• I have been left with little assets in my name and am struggling to support myself, what can I do?

  The law has mechanisms to assist individuals in the period between separation and settlement. There are ways you can be supported to get back on your feet, particularly if you were the lower-earning partner and/or had greater childcare responsibilities throughout your relationship which has meant your career has been impacted. Your potential claim for economic disparity or spousal maintenance payments is something we can advise you on.

• My partner is not cooperating, what can I do?

  Communications from a lawyer can be a way to move settlement arrangements forward and push past those break-up emotions. We can make formal requests for the disclosure of assets and liabilities and formally communicate with your ex-partner’s lawyer so that things keep progressing. If your ex-partner really does not cooperate, we are able to file court proceedings to have the court determine the division of your relationship property or at least require some action from your ex.