Family Lawyers

Work out what cannot wait

The first task is not to settle every issue. It is to identify what requires action now. Depending on the circumstances, that may include:

• Immediate safety concerns or the need for protective arrangements;
• Where children will live, how changeovers will occur and how urgent medical or school decisions will be made;
• Access to the home, personal documents, funds for ordinary expenses or essential business records; and
• A risk that property will be sold, new debt incurred, money transferred or control of a company or trust changed.

An interim arrangement should be precise enough to work, but it should not be written as though the parties have reached a final settlement unless that is genuinely intended. Agreeing who will pay the mortgage for the next eight weeks does not, by itself, determine how the property will ultimately be divided. The same applies to a short-term parenting routine.

Keep divorce, parenting and financial matters on the right pathway

A divorce order legally ends a marriage. It does not determine parenting arrangements or resolve property, financial or maintenance issues. Those matters may require separate agreements, applications or court orders.

That distinction matters because it is easy to focus on the divorce paperwork while leaving more immediate questions unresolved. A broader family law plan should identify which issues belong to the divorce and separation process, which require advice about parenting arrangements, and which should be addressed through a financial and property settlement.

Build a reliable financial picture before discussing percentages

An early proposal to divide assets by percentage can be misleading if the asset pool is incomplete or the parties do not understand who controls key structures. Before meaningful negotiations begin, relevant documents to consider may include:

• Bank, mortgage, credit-card and loan statements;
• Tax returns, superannuation statements and property records;
• Company accounts, trust deeds, constitutions, shareholder records and loan accounts;
• Records of guarantees, business liabilities and related-party transactions; and
• Details of investments, digital assets and significant personal property.

Parties in financial or property proceedings have a duty to provide full and frank disclosure of information relevant to the issues in the case, in a timely manner. Reliable disclosure also makes negotiation more productive because both sides can assess the same information rather than argue from assumptions.

For business owners and families using companies or trusts, the balance sheet is only the starting point. Control, access to cash, unpaid tax, loan accounts, personal guarantees, minority interests and the practical cost of transferring or retaining an asset can all affect the usefulness of a proposed settlement. These issues may require coordinated support from family lawyers and accountants.

Preserve useful records without creating another dispute

A short chronology can help organise dates, payments, parenting events and key communications. Preserve bank records, messages, emails, school information, medical documents and business records that you already hold or can lawfully obtain. Do not enter another person’s private account without authority, guess passwords or alter records.

Written communication is usually more useful when it is brief, factual and directed to the practical issue that needs a response. Lengthy accusations sent during a conflict can obscure the point that later needs to be proved or negotiated.

Choose the process according to safety, disclosure and urgency

Negotiation or mediation may be suitable where the relevant information is available and each person can participate safely. If agreement is reached, consent orders may be used to formalise parenting, financial or property arrangements, subject to the Court being satisfied that the applicable legal requirements are met.

Before most parenting applications are filed, a Family Dispute Resolution certificate is required unless an exemption applies. Safety concerns, family violence matters, urgency, asset dealings or persistent non-disclosure may change the appropriate process and may require earlier court intervention.

The process should be chosen for the problem in front of you. A narrow disagreement about one payment does not always justify broad litigation. Equally, repeated non-disclosure or a credible risk that an asset will be dealt with may not be solved by another informal discussion.

How Velocity Legal can help

Velocity Legal’s Family Law team advises on divorce and separation, parenting arrangements, financial and property settlements, Binding Financial Agreements, child support, spousal maintenance and family violence matters. The team also acts in financial matters involving businesses, companies, trusts, superannuation and substantial asset pools.

If you need a family lawyer in Melbourne, book a consultation before signing a proposed settlement, changing business or trust arrangements, disposing of a significant asset or filing court material. We can help identify the issues requiring immediate action, the information still needed and the most proportionate next step. Read Less