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February 8th, 2009 | by admin |Why do we need a lawyer when we have already agreed upon what property we will each receive? Relying on an informal property settlement is quite risky as it may lead to you getting caught up in further property disputes down the track. For instance, there is a possibility you’re your partner will change his or her mind or even conceal something which should rightfully be in the agreement. Speak to us at LAC about formalising your agreement, so that you don’t get a nasty shock down the track.
Secondly, a lawyer will assist you determine the future needs of you and your partner. Factors taken into consideration include the duration of the relationship, the age and health of the parties, educational qualifications relevant to future work prospects and the need to care for any dependent children.Once the analysis is completed, a lawyer may then assess any gaps in the information and conduct further investigation if necessary.
However, going to court is not always the most pleasant way to reach a settlement. It may not guarantee the result you want and it can be costly both financially and emotionally. It is often simpler and cheaper to use your lawyer to help you reach an agreement with your partner outside of court, and go to court only as a last resort. By consulting a lawyer, you and your partner have the option of exchanging offers of settlement and conducting negotiations at any time.
If you suspect that your partner has assets, but you don’t have any details of them, a lawyer can also put sufficient pressure on your partner to meet his or her “full and frank disclosure” obligations, and will advise whether it will be necessary to resort to bringing an application before a court requesting a subpoena, which is a court order demanding production of documents or witness from a third party source. Speak to us at LAC lawyers to determine the most appropriate way of gaining access to your partner’s financial details.
Are we negotiating an emotional settlement or a property settlement? In order to negotiate the most effective property settlement, lawyers must distance from the emotional issues that arise in family law disputes. However, a good family lawyer will listen empathetically to all your concerns and give objective advice as to your entitlements and legal obligations up until you reach your desired property settlement. At LAC lawyers, we can thoroughly assess your concerns and tailor your settlement negotiations according to your individual circumstances.
The old adage “you get what you pay for” is as true today as it has ever been. Where does someone turn to when they have a non-routine legal matter that requires attention. For many, this may involve contacting the “family solicitor” who has traditionally dealt with the family’s basic legal needs, such as for wills and conveyancing.
No lawyer can practice law without a license. Studying to be a lawyer is not an easy task. Educational pre-requisites for lawyers is four year college degree followed by three years in law school and thereafter passing the written bar examination. If one does not appear for bar exam, he/she is not called a lawyer and cannot practice.
A few good questions to ask of your lawyer are: how many bankruptcy cases have they have tried? How long have they practiced specifically in the field of bankruptcy law? Ask them: how complicated is my case, and how do you plan to go about handling it? Beware of a lawyer who will just tell what you want to hear. If the lawyer doesnt talk about any of the difficulties of the process, they may just be looking to you to sign a contract with them.
What is a property settlement? This is the division of all “property” between married or de facto couples who seek divorce or separation. “Property” is quite widely interpreted in the family law system and includes pretty much everything that is capable of being owned. This can include land, houses, businesses including partnerships, motor vehicles, bank accounts, shares, household goods and furniture, tools of trade or other equipment, trusts and superannuation. The property settlement includes all property belonging to you and your partner, regardless of whose name the property is in.
Even if these items were owned by one of you prior to the start of the relationship, or they were left in a will to one of you, they may still form part of the “pool of assets”. Any debts also need to be calculated and taken into account in a property settlement.
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