HOW TO AVOID COURT IN A RELATIONSHIP BREAKDOWN

Family & De Facto Law

HHG Legal Group

1. SEE A LAWYER TO GET A CLEAR & ACCURATE PICTURE OF WHAT YOU ARE
ENTITTLED TO: Detailed advice on your rights and entitlements will help you to see the
bigger picture in terms of what you are fighting for and whether it is worth it. It will also
assist you to negotiate sensibly in mediation.
2. ATTEND MEDIATION: Mediation provides an opportunity for open discussion about
what each of you wants for the children and in terms of an overall property settlement.
You may not reach an agreement at mediation, but hopefully you will leave understanding
what your ex partner wants to achieve, and what they are prepared to compromise on.
3. THINK OF YOUR PROPERTY SETTLEMENT AS A COMMERCIAL TRANSACTION:
As difficult as it may be, if you are able to think of your property settlement as a business
transaction, you are more likely to come to an agreement with your ex partner. You need
PRIVATE CLIENT
SERVICES to be focused on what is fair and equitable, what you are actually entitled to and what you
Family & De Facto are prepared to negotiate on in order to reach a settlement. Emotions need to be kept in
Wills & Estate Planning check.
Employment
Taxation & 4. PROVIDE FULL AND FRANK DISCLOSURE AS EARLY AS POSSIBLE: It is very
Superannuation common for one person to commence Court Proceedings because the other is refusing to
Private Wealth Services provide financial disclosure. Both spouses in a family law property settlement are obliged
Deceased Estates
to disclosure all relevant financial documents and information to the other. By cooperating
Conveyancing
with requests for disclose promptly, you will increase your chances of settling out of Court.
Dispute Resolution
Philanthropy 5. MAKE AN OFFER: A genuine offer to settle demonstrates to your ex partner that you
BUSINESS & are serious about settling the matter expeditiously and out of Court. Once an Offer (and
GOVERNMENT possibly a Counter-Offer) has been made, it is easier for both of you to understand what
SERVICES
the other is asking for.
Commercial
Property 6. AGREE THE VALUES OF THE ASSET POOL AND INDIVIDUAL ASSETS: As early
Litigation
as possible determine what the assets and liabilities of your relationship are worth. If a
Insolvency
value cannot be agreed for an asset, obtain a joint valuation through your solicitor. Special
Workplace Relations
Trusts & Corporate
rules apply. It is difficult to negotiate (and settle) without agreement about these values.
Structures
Taxation
7. KEEP THE BEST INTERESTS OF YOUR CHILDREN IN MIND: Making
Sales & Acquisitions
arrangements for the care of your children following a relationship breakdown can be
Defence & Prosecution difficult. It is important to remember that the best interests of the children are all that
Local Government ultimately matter. Parents do not have any rights to their children; rather, children have a
Banking & Finance right to spend time with and have a meaningful relationship with each of their parents.
Construction Avoid an argument about who spends time with whom and consider what the children
Agriculture & Viticulture need in order to have a stable routine and a meaningful relationship with their mother and
father.
8. BE PREPARED TO COMPROMISE & HAVE A GENEROUS SPIRIT: It may sound
trite, but a generous spirit goes a long way in a property settlement! Sometimes you may
be faced with spending $20,000 on legal fees to gain $20,000 in an overall settlement,
when a simple compromise might see both of you $10,000 better off.
WA Solicitors Pty Ltd trading as 9. CONSIDER COLLABORATIVE LAW: A new tool available to family lawyers.
HHG Legal Group,
Hudson Henning & Goodman Imagine you, your ex-partner, two lawyers, an accountant and a financial planner, all
and Wheatleys Legal working together to achieve a mutually acceptable settlement.
ACN 122 853 507
ABN 54 122 853 507
_______________________________________________________________________
www.hhg.com.au This is general information only, and does not constitute specific legal advice. If you would like
reception@hhg.com.au further information in relation to this matter or other legal matters please contact our office at
reception@hhg.com.au or call us on 1800 609 945.

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