"I don't know what to do or where to start..."
Solution: A Practical Settlement Strategy For Your Situation
Almost everyone facing divorce or separation is doing it for the first time. You're not the only one who may be confused about how to organise a financial settlement - it's normal!
The fact that Australian divorce law is amongst the worst in the world doesn't help.
There are two glaring inadequacies in Australian divorce laws in regards to financial settlement.
This ridiculous vagueness is fertile ground for people to come up with all sorts of ideas about what they think "should" occur for your settlement. Probably you have lots of voices in your ear, expressing various opinions.
What can you do in the midst of all this?
The fact that Australian divorce law is amongst the worst in the world doesn't help.
There are two glaring inadequacies in Australian divorce laws in regards to financial settlement.
- The first key thing to understand is that there is no precise formula to work out what each person should get in a settlement in terms of the proportion of their wealth. So anyone (including a lawyer) who tries to tell you a precise figure does not know what they are talking about. Even if you look at court judgements, you'll find they are "all over the shop" - two different judges can come up with completely different conclusions for the same case!
- The second problem is that there are no rules that separating people must follow in negotiating a settlement unless they go to court. No-one can force your ex to do anything - and vice versa. The only time that rules come into force is if one of you starts a court case. Since the average cost of a court case is between $100,000 and $200,000, most sane couples don't go to court. But if you don't go to court, no laws apply - to either of you.
This ridiculous vagueness is fertile ground for people to come up with all sorts of ideas about what they think "should" occur for your settlement. Probably you have lots of voices in your ear, expressing various opinions.
What can you do in the midst of all this?
A Practical Overview And A Plan For How To Secure A Settlement
A very good starting point is a “Settlement Strategy” Session.
A one-to-one working session - by phone - with one of our Partners will give you an objective assessment of your situation and a plan for how to reach a sensible settlement. In particular, you'll receive 6 key outcomes:
A one-to-one working session - by phone - with one of our Partners will give you an objective assessment of your situation and a plan for how to reach a sensible settlement. In particular, you'll receive 6 key outcomes:
- a clear understanding of how settlements work in Australia;
- what obligations you do and don't have;
- your options for getting to a settlement - and their pros and cons;
- what a realistic settlement looks like for you - what's "normal" and "reasonable";
- how to engage with your former partner; and
- how to get the whole matter wrapped up quickly and for the least expenditure.
Answers To Other Questions Worrying You
In the session, you can also get guidance on other questions that may be bugging you or worrying you, like:
- Do I have to split everything equally with my ex?
- My sister told me she got 62% of their wealth - should I expect the same?
- Does it matter that I'm the main one looking after the kids now?
- Do I need to consider paying spousal support?
- We're both retired but I brought in much more of the income during our working lives - should I get more?
- My partner earns a lot more than me - what's reasonable in our situation?
Why A Neutral Perspective Is Critical
It's not hard to find friends or lawyers who will fuel your expectations for why you deserve the maximum possible proportion of your wealth. They will sympathise with you, empathise with how much you've suffered, concur what a jerk your former partner is and tell you what they think you are "entitled to".
If that's what you want, listen to all that free advice. Go for it.
But be aware that most people don't actually know what they are talking about. There are no explicit rules, so anyone who tells you what you're "entitled to" is simply making it up. People who tell you what you "ought" to get rarely tell you what you should realistically expect - that's a very different matter.
So the far more helpful thing you can do for yourself is get an objective, neutral view of your situation. When you get an informed and scrupulously neutral view, you'll be one giant step closer to a settlement.
So our Settlement Strategy has that as a core objective - we'll provide you a frank assessment about what a "normal" and realistic outcome would be for you.
If that's what you want, listen to all that free advice. Go for it.
But be aware that most people don't actually know what they are talking about. There are no explicit rules, so anyone who tells you what you're "entitled to" is simply making it up. People who tell you what you "ought" to get rarely tell you what you should realistically expect - that's a very different matter.
So the far more helpful thing you can do for yourself is get an objective, neutral view of your situation. When you get an informed and scrupulously neutral view, you'll be one giant step closer to a settlement.
So our Settlement Strategy has that as a core objective - we'll provide you a frank assessment about what a "normal" and realistic outcome would be for you.
Getting Your Ex To Participate
The right plan for you depends on your situation. Not just finding out what a "fair and reasonable" settlement might look like, but also working out how to bring your former partner to a settlement.
Your Settlement Strategy session will include that - talking through the best way to engage your former partner.
Your Settlement Strategy session will include that - talking through the best way to engage your former partner.
The Process
To make your session efficient and effective, we'll ask you to provide some basic information beforehand, which we'll review before the session. You'll book a time that's convenient for you. You should allow 30 to 60 minutes for the phone session. Of course you should ensure you are somewhere quiet and private for the call.
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Fee
The Settlement Strategy session costs $100 (including GST).
That will be one of the best investments you can make, because it will show you how to avoid tens of thousands in unnecessary legal fees, get a settlement in the shortest possible time and how to achieve and maintain peace of mind on the way to your settlement.
That will be one of the best investments you can make, because it will show you how to avoid tens of thousands in unnecessary legal fees, get a settlement in the shortest possible time and how to achieve and maintain peace of mind on the way to your settlement.
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To Order Or Ask For More Information
If you would like to book a Settlement Strategy session, or ask some questions, or just talk about your situation, complete the Form below and we'll be in touch.
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