Separation Agreements

When couples separate, they need Separation Agreements to outline how to divide their property, assets and debts

Separation Agreements

Also known as property settlement or financial settlement.

This is a process, not a legal document. You may be looking for court orders or binding financial agreements.

The end outcome is a legally enforceable agreement or legally binding court order.

Could take 2 – 3 years

Timing is important...

  • Married couples need to initiate proceedings for separation agreements within one year of a divorce becoming final.
  • Proceedings for De facto couples must be initiated within two years from the date of seperation. 
  • You should obtain legal advice for financial settlement as soon as you realise the marriage or relationship is at an end to avoid your ex-partner dwindling the asset pool, or incurring additional expenses.

WHAT'S YOUR SITUATION?

If you’re either thinking of separation, beginning the process or would like a second opinion on a current property and financial separation that has already commenced, the first step is to start a conversation with David. As every case is unique, we want to field your initial questions over the phone so that we can recommend a course of action best suited to your needs.

Call 9300 0883

Or, please continue reading to find out more…

4 steps to separation agreements...

  1. Ascertain the net value of the asset pool. It is important to give full disclosure as the Court takes a very dim view of any failure to do so.
  2. Assess the contributions of each of the parties, such as financial, parenting, homemaking and initial contributions in respect to relationship length.
  3. Consider the future needs, such as the parties ages; health; earning capacities; care of any children under 18 and  the length of the relationship.
  4. Is it Just & equitable? The final stage in the process is where the Court must consider if the terms of the proposed separation agreements are just and equitable.

Why Perth Family Law Centre for property and financial separation advice?

We believe, when it comes to separation agreements, the two most important things a family lawyer can offer you is subject matter expertise and personal experienceThis is a complicated area of law requiring specialised knowledge, the lawyer you choose must be full bottle on applicable laws, rights and responsibilities throughout the process. An experienced practitioner is even more valuable when they have personally experienced property separation and settlement in their own personal lives.

We've been there..

With years of professional and personal experience in Family Law, we genuinely understand the importance of moving on with your life.

 No surprises..

We understand concerns about unexpectedly large legal bills and disclose legal costs upfront so that you can make informed decisions.

Stay in control..

We achieve the best outcomes for our clients by fighting from your corner with a conciliatory instead of adversarial approach to family law.
Drew CameronDrew Cameron

I have used David for my family law matters and would highly recommend him. David's knowledge and professionalism is outstanding. Thankyou so much

Tina parsonsTina parsons

Thankyou David for your excellent service and advice. While I was quite nervous with the process David's professionalism and care made me feel very comfortable and reassured. I have no hesitation in recommending Perth family law centres.