I want to settle with my ex and move on, how does it all work?
We provide you with a Client Information Sheet that details the full financial circumstances of the parties. It is essential that all assets and liabilities, no matter in whose name it may be, are included so we deal with everything. Our document prompts questions as to the circumstances to the relationship such that we are able to form a view of what a settlement should look like. We provide you with that written advice and open discussions with your former partner to attempt a sensible and preferably amicable settlement.
You will have many other questions in addition to the above, so jot them all down and give Peter a call to go through them all with you.
We agreed to transfer the house to settle everything, why do I need a lawyer?
Take care on coming to any settlement with your partner and for the love of God don’t sign anything. Remember, a transfer of real property between parties will attract stamp duty and fees and may trigger further tax implications if not done correctly. A transfer done pursuant to the Family Law Act, however, has the benefit of being exempt from certain taxes and fees which can be substantial. Call us to discuss further.
We’ve come to an agreement on separating property and seeing the kids, can you just make it legal?
Provided the agreement comes within the range of outcomes a court would likely order having regard to the Family Law Act then yes. We advise you after taking detailed instructions if the proposed agreement is enforceable and would be accepted by the court. If not, we advise what would be a likely or possible outcome in your circumstances such that the application and order we draft would be approved by the Family Court. These documents (the Application for Consent Orders and Minute of Consent) are lengthy and complex documents best settled by a solicitor in the field.
It seems expensive, can’t we do it ourselves?
People can and do act on their own behalf in family law and estate matters, but like a lot of other areas of professional services, we know at the outset what needs to be done and how to do it efficiently. We know how to achieve your objective to maximise entitlements which often minimises your cost, not only in terms of money but time and stress as well. We believe it is far more efficient and cost effective to instruct a solicitor to get done right the first time. My late grandfather once said if you think a professional is expensive just wait until an amateur does it.
How much does it cost?
After we discuss with your circumstances and what you need we provide a detailed advice on the likely costs to resolve your matter. The reality is that family law matters are never cheap and easy because of the emotions and detail involved. By focussing on the relevant issues only and not engaging in wars of letters with other lawyers we can keep your costs down. Call us for a more detailed discussion on what’s involved and the costs.
We do, however, offer fixed fee services for the drafting a family law order/agreement where the parties are already in agreement. In certain cases, due to their complexity, a free estimate will be provided after the initial consultation. These cases usually entail specific detailed action in respect of companies, trusts, ‘big money’ cases and so on. The majority of cases, however, can be settled as follows:
Property Settlement OR Parenting Order – including the drafting of the Application for Consent Order and Minute of Consent Order fixed fee of $3,300 including GST plus disbursements and court filing fee.
Property AND Parenting Order – including the drafting of the Application for Consent Order and Minute of Consent Order fixed fee of $5,500 including GST plus disbursements and court filing fee.
Binding Child Support Agreement – registered with the Child Support Agency that takes the place of an Administrative Assessment – $3,300.
I want to separate from my partner, where do I start?
The hardest part is taking that first step and talking to a lawyer. Send an email or call Peter who will take initial instructions from you about your circumstances – are there children, what arrangements do you want to put in place, what constitutes the property to be divided? You should prepare by making a list of all assets and liabilities of the parties and prepare a history of the relationship. We can then advise you on a range of likely outcomes and how to achieve them.
What is your experience?
The Director, Peter Andrews has a Bachelor of Arts, Bachelor of Laws and Graduate Diploma in Legal Practice. Peter has worked in law firms since 1998 and practised in Brisbane since 2007. Since admission in 2008, Peter has represented clients in a range of areas including family law, commercial disputes and wills & estates. Peter has successfully litigated hundreds of cases through state & federal jurisdictions across the country with most of his clients being referrals from other satisfied clients.
I don’t think I can afford to pay a lawyer upfront, are there payment options?
Absolutely. In family law matters it is very often the case people are not in a position to meet legal fees until after settlement & we are happy to discuss your circumstances to ensure you can pursue your entitlement.
How much is it for an initial meeting?
Our first telephone discussion of twenty minutes is free of charge to get across the basics of your matter and see if we can be of assistance. If you wish to engage us further for more detailed advice of your circumstances, your rights, obligations and what you should do next we offer a fixed hour-long phone discussion or written advice for $330.