VIC Agreed on Property Settlement - What Next?

[Antzzz66]

Hi...

My wife and I have just agreed on a property settlement of our household goods, superannuation and child arrangements. What is my next step in this process?

We both haven't had legal advice but we have verbally agreed to split everything 50/50. I just need some opinions on how I start the ball rolling now. We both want minimal lawyers involved as it's quite amicable at the moment.

Any help please.

 

[Lance]

I guess you are talking about steps to follow to divorce. The following link can walk you through the process: How do I apply for a Divorce? - Federal Circuit Court of Australia

If you have only just separated and don't meet the 12 month separation required to divorce you should start making sure that the division of assets occurs and then go about setting up separate accounts. The more clear division of assets, accounts etc. the easier it will be to process the divorce. I'm glad that it sounds very amiable.

If you are sure that it will stay that way it sounds like it will go well, if not you may want to consider getting some of the decisions formalised. Unfortunately informal agreements are not recommended because they are not enforceable by the court.

 

[Alan Blumberg]

You need to get the agreements documented legally for several reasons.
Best to get a good family lawyer to assist - should be quick and reasonable.

 

[sammy01]

You have two options. Just agree and get it done - write up an agreement about child access etc. As far as child support goes - call CSA give them your details income etc and they will tel you who has to pay who and how much - they can collect it or you can agree between yourselves or agree for one person to pay this and one person to pay that, etc, etc. Easy, but there are three problems.

It is not binding - so what say you sell everything up split the $$$ and go your separate ways. Great - one person saves, one person spends, then the spender contacts a solicitor and because the agreement wasn't binding they come back for a second bite of the cherry. Now you can kind of protect yourself because you only have 1 year to make a claim from the time of divorce - so get divorced asap.

Same problem for child access- you can write it up youselves- great, easy - but it isn't enforcable. Mind you, the same senario presents itself with court access orders. If one person doesn't play along, really the only recourse is court

Problem number 3 - the only way to get a division of superannuation - so for example if you wanted to give the ex $50 000 of your super as part of the deal, then you need consent orders stamped by the court - is if you both get independent legal advice. That is likely to cost about $1500 -$2000 each to get it written up and stamped by the courts