Why you need a separation agreement & finding the right lawyer at divorce law firms in Bendigo, Victoria
If your Bendigo divorce lawyer suggests a separation agreement, you may be wondering what this contract involves and why it’s necessary. A separation agreement is a binding contract between you and your partner, so failure to execute correctly on either side may result in a claim in the future. However, the Court may choose not to enforce an agreement it deems unreasonable or unfair or one that provides inadequate child or spousal support.
Some people are confused between a Binding Financial Agreement and a Consent Order. JS Law can assist you to understand the advantages and disadvantages of these documents.
Why is a separation agreement required?
If you and your partner are separating, this agreement can help you address and settle issues such as responsibility for caring for the children (custody), family assets, and maintenance without physically having to go to court to resolve these problems. If you can agree on this way, you may avoid litigation expenses.
In most cases, the Court respects a separation agreement as long as they are reasonable, fair, and executed properly. However, the Court may refuse to recognise your separation agreement if it includes terms that it deems not in the best interests of your children. If one party has failed to disclose certain liabilities or assets, or if it is apparently unfair (for example, if one party waives his or her right to support altogether) the Court may not accept the agreement.
A separation agreement is a good option for couples who can agree to the terms of their separation and accept the settlement. Some couples, however, have complex property division issues, difficult child care issues, significant assets, or some other circumstance that makes it impossible to reach an agreement without litigation. It is also important to know that lawyers are not financial advisors. Therefore, ensure you consult an accountant prior to finalising any final property agreement.
If you and your partner agree about issues such as property division and child care, you may create a formal separation agreement known as an Application for Consent Orders. An Application for Consent Orders is approved by the Court but parties are generally not required to attend the Court. Both sides must completely and accurately disclose their financial positions. Ensure you disclose all of your assets and liabilities.
Another requirement is that both parties receive independent legal advice from a separation lawyer about the agreement.
Find a divorce lawyer in Bendigo at JS Law
There are many divorce law firms in the Bendigo area, but not all of them have the personal touch you’ll find at JS Law. When you need a family lawyer or divorce lawyer in Bendigo, JS Law can provide the necessary knowledge and experience to help you reach the best possible outcome for everyone involved.
We’ve built a solid reputation as a boutique law firm offering personalised, quality service to each of our valued clients. When it’s vital to find a lawyer who takes the time to understand your particular situation, our empathy, professionalism, and one-on-one approach is the answer.
Contact JS Law in Bendigo. We’re here to help.