We will meet with you to listen to your concerns and advise you of your legal rights and obligations. We will advise you of your options and the advantages and disadvantages of each option. We will also assist you to identify hidden pitfalls and we will be honest in assessing whether your desired outcome is realistic. If you’ve already reached an agreement with your spouse, we can check if that agreement is fair.
This is what you can expect when you first meet with us:
- We’ll listen to you and get an understanding of your situation.
- We’ll ask you targeted questions to give us a better insight into your situation.
- We’ll provide you with advice about your rights and obligations.
- We’ll advise you of your options and the advantages and disadvantages of each option.
- We’ll help you identify hidden pitfalls. For example, whether your desired agreement is enforceable, whether the proposed terms may attract negative tax consequences, and whether there is a deadline by which an agreement must be completed.
- We’ll answer any concerns or questions you may have.
- We’ll give you cost estimates (to be confirmed via a Cost Agreement sent to you after the initial consultation, if you require one).
For example, if you are considering separating from your spouse and you would like to know how your assets should be divided, we will usually ask you questions about:
- What assets, debts, and financial resources are available for division?
- What is the length of the relationship?
- What financial and non-financial contributions have been made by each spouse?
- Did either spouse receive an inheritance, gift, personal injury payment or other type of windfall?
- Has either spouse received financial assistance from their parents or other family members?
- Are there any children of the relationship and what are the likely custody arrangements?
- What income does each spouse earn from employment, investment, and other source?
- Does either spouse or a child suffer from a serious physical or mental health condition?
- Has either spouse behaved in a manner that justifies the other spouse now receive a bigger share of the assets to account?
If you are able to give us the information we need during the initial consultation, we will advise you of:
- What a Court is likely to consider a “just and equitable” property settlement and what to do to increase the prospects of resolving your matter without having to go to Court.
- How to obtain information from your spouse, their employer, their accountant, their bank or their super fund about your spouse’s income or asset position.
- Whether you may be assessed for tax or stamp duty in the process of dividing your assets.
- How to document any agreement you reach with your spouse so that you have a legally-binding and enforceable agreement.
Please note that there are certain questions which we will be unable to answer unless the information we require has first been provided to us. We will then give you a list of information to gather and we will give you a more detailed response once that information has been provided.
If you have further questions about our initial consultation, or would like to book one, please contact us.