Aqua Legal & Conveyancing

We offer new clients a free 15 minute clarity call. This call is to make sure we are the right fit for each other and to ensure we can assist you in your circumstances. It is also for us to gauge how you wish to approach your matter. For example, if you plan on getting back at your ex to seek revenge, we are not your people. 

Prior to your first meeting, utilize our free online tool to gather essential information at your convenience. This ensures an efficient consultation where we focus on advice and tailored strategies. For property and financial matters, be prepared with details like assets, debts, and superannuation. If children are involved, provide their names, birthdates, school, and any special needs. Feel free to bring a support person for added comfort. Prepare questions in advance to address all concerns. These steps help streamline your initial consultation, allowing us to provide comprehensive guidance tailored to your specific situation.

When you book your initial consultation with us, we will run through the costs with you so there are no surprises.  Your initial consultation will be with one of our highly experienced Senior Family Lawyers. You will be required to pay our fee prior to your consultation. You can expect to leave the initial consultation with your mind at ease, having a better understanding of your legal position and the options available to you. 

If you choose to engage us as your lawyers, we will issue you with our fee agreement. The fee agreement sets out how we charge for the work we will do and provides an estimate of what different stages of your matter might cost. Once you sign the fee agreement, we will promptly start working on your matter and implementing the strategy. We will discuss costs in the initial consultation. There are no obligations to continue working with us after the initial consultation. You may feel you have the tools and confidence you need to put measures in place to move on with your life.

Certainly, you have the option to proceed independently. However, it is crucial to consult with one of our family lawyers to confirm the fairness and alignment with your interests of any agreement you’ve reached. We highly advise discussing the benefits of formalizing your agreement into a legally binding document with us. This proactive step can help you circumvent the potential requirement for court intervention in the future, ultimately saving you time, expenses, and unnecessary stress. Our team is ready to assist you throughout this process, ensuring the protection of your interests.

As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.

No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.

There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.

If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.

The matter will be set down for hearing and a legally binding decision will be made by the court.

Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.

Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.

Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.

Lastly the court will make a decision based on what is just and equitable to both parties.

Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome.