Property Settlement
4. What Options Do We Have?
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Sep 2015
- If you cannot agree about anything or if you can agree about some things and not others you can go to mediation and get assistance in reaching an agreement.
- There are three main options available to you:
- you and your ex-partner may be able to come to an informal agreement about how to divide up your assets and liabilities without any help. There is no requirement that you go to court or that you formalise your agreement unless you want to;
- when you reach an agreement by yourselves or with the assistance of a mediator of Family Dispute Resolution Practitioner you may decide to formalise it. You can do this by drafting consent orders and applying for them to be approved by the court or you can sign a binding financial agreement. A lawyer can assist you in drafting consent orders which will be acceptable to the court and one lawyer can act for both of you. If you choose to make a binding financial agreement you will each need to see a different lawyer in order to get independent legal advice; or
- if you cannot agree or if communication is difficult with your ex-partner you may need assistance from the court in getting orders in place. It is a requirement that you go to mediation before you can get your matter listed for court hearing but you can file your claim in advance.
- Each case is unique and it is best not to base your decisions on outcomes you hear from others.
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