How do you finalise your financial arrangements after separation?

After a marriage or de facto relationship ends, there are financial issues to be sorted out.  If you do nothing, then the property stays with the person who legally owns it (i.e. the person whose name it is in).  Sometimes this is fair, but sometimes this can cause an injustice.

So the law provides that for up to one year after divorce, or two years after the end of de facto relationship, either party can apply for a property settlement.  Applications can be made after this time in exceptional cases.

If people can reach agreement after separation, they usually want to finalise the financial aspects of their relationship so that they can get on with their lives, without worrying that their former partner could make some claim in the future. Family law provides two different ways to achieve this.  These are:

• Separation Agreement, or
• Consent Orders.

The Family Court provides a Do-it-Yourself Kit for consent orders, so this is the option most people take if they are not engaging a lawyer.  But even if you are doing it yourself, it is a very good idea to get legal advice about your rights.  You need to know that your settlement is within a reasonable range, and you may also need advice about how to word the consent orders so that they achieve what you intend.

At Affording Justice, we assist people with straightforward property settlements where the value of the property does not warrant the cost of engaging traditional lawyers, but it is still important to have financial arrangements finalised. We do this as part of our Legal Task Help service.  In each case we will talk to you about your requirements and then give you an upfront price for the work we will do.