Do you need a family lawyer?
Lawyers can be extremely useful in negotiating and finalising family disputes. However, they are not always necessary.
If you have separated from your partner on amicable terms, and you are able to agree to parenting and/or property arrangements, then you may not need a lawyer.
Parenting
For parenting matters, you can maintain a verbal agreement, or you can draft a Parenting Plan. A Parenting Plan is not a formal document, it is simply a written agreement between two parents in relation to the parenting arrangements of their children. For a Parenting Plan to be valid, it must be in relation to the children only, and be signed and dated by both parties. Failing that, it is not a formal Parenting Plan.
Information that can be included in your parenting plan includes:
- who the children should live with
- when the children will spend time with the other parent
- details of where and when the children from go from one parent to the other
- how the children will spend time with each parent on special days, such as birthdays, Mother’s/Father’s Day, Easter and Christmas
- how the children will spend time with each parent during important religious or cultural events or ceremonies
- how the parents will communicate with each other
- how and when the parents will communicate with the children when they are not in their care
For a guide to what you might include in a Parenting Plan, please contact your local Relationships Australia office or see https://www.familyrelationships.gov.au/parenting/parenting-agreements
The Legal Aid NSW website also useful information in relation to post-separation parenting: https://www.legalaid.nsw.gov.au/my-problem-is-about/my-family-or-relationship/parenting
If you and your ex-partner have reached an agreement in relation to the children and you would like to formalise the agreement, you can have your agreed turned into parenting court orders. These orders are called ‘consent orders’. We strongly encourage parties to seek legal assistance to draft your court orders to ensure they are in a format that the court will accept. The wording of consent orders is very important, both to ensure they are reflective of your intentions and to ensure they will be approved by the court.
If you and your ex-partner cannot agree on arrangements for the children, then we encourage you to engage a lawyer. Ongoing conflict between parents is contrary to a healthy co-parenting relationship and can have a very negative impact on the children. It may be possible for lawyers to assist the parties to reach an agreement by negotiation or at a legally-assisted mediation. If not, then lawyers can assist you to bring the matter to court. Ultimately, the matter may reach a final hearing, after which a Judge will decide what parenting arrangements are in the best interests of the children. You will receive parenting court orders that are binding on both parties.
Property
Similarly to parenting matters, it is possible for parties to reach a property settlement agreement on their own and without the assistance of lawyers. However, if there are assets of significance, most notably a family home, then we strongly encourage you to seek legal assistance to draft the final documentation. In the long run, significant savings can be made if parties seek legal assistance in the drafting of either property consent orders or a binding financial agreement. Lawyers can ensure that:
- parties both receive a fair and equitable distribution of the parties’ assets and liabilities
- consideration is given to the parent who will be the primary carer of the children moving forward
- parties receive clarity on how property will be sold or transferred between the parties
- parties receive any stamp duty concessions that may be owing to them
- tax liabilities are appropriately assigned and accounted for in property settlement
If you and your ex-partner are not able to reach an agreement about how the property should be divided, then we encourage you to seek legal assistance. As your lawyers, we will ensure that each party has disclosed all the relevant financial information and documentation, and we will give you advice as to the reasonable percentage range you should expect to receive in a just and equitable property settlement. We may then be able to negotiate a settlement with your ex-partner.
If settlement is not an option, then a lawyer will assist you to present your case at a final hearing before a Judge and receive final property court orders. These orders are binding on both parties.
Contact us
If you have any questions about this blog post, or you believe that a lawyer may be able to assist you in your parenting or property matter, please contact us on (02) 4934 4257.