What to do first
If you have separated, or are contemplating separating from your spouse, you should first find out what your entitlements are in relation to property, spousal maintenance and child support, and what arrangements should be made for your children in their best interests.
Once you are aware of your rights, we recommend the following strategies to resolve issues in dispute:
- A face-to-face discussion with your spouse.
- If this is not possible, then a letter from us to your spouse with a proposal.
- If your proposal is accepted, then we recommend formalising the agreement by way of consent orders or a financial agreement.
- If it is not accepted, then we can negotiate on your behalf in order to achieve resolution for both parties.
- Because Uma is collaboratively trained, you also have the option of resolving your matter collaboratively. See the Law Institute of Victoria (LIV) for website for Collaborative Practice.
In the event that negotiation is not successful we may advise that litigation is appropriate.
Planning ahead
Anyone contemplating marriage or moving in together should be concerned about asset protection, particularly if you are moving on to a new relationship with another partner and want to safeguard assets previously accumulated. Perhaps you are a parent concerned about protecting your child’s assets as they enter a new relationship. Or maybe you are already married or living in a de facto relationship and just want to be clear on what should occur in the event that you separate in the future.
You should be aware that there is legislation that allows for parties to enter into Binding Agreements to protect current assets and provide for what should occur in the unfortunate event of a separation.
Knox Family Law can help you enter a Binding Agreement. Please contact us to discuss your concerns or queries.