Why you need a family lawyer: the importance of formalising your family law settlement

Many client’s struggle with the concept of having to engage, and pay for, a lawyer to formalise an agreement about parenting or property arrangements at the end of settlement negotiations. 

To their credit, clients have often traversed the most difficult part of separation and negotiated an outcome they are happy with. So why do they now need a lawyer? 

It’s actually really simple why a lawyer is required and it’s the benefits that come with having an enforceable agreement that accurately records the terms parties have agreed to. Namely, it provides future security for both parties. 

While having an agreement in place is great, just like any contract, the agreement needs to be clear and legally enforceable to bind the parties where a dispute arises in the future. In the case of family law, changes of circumstances in the future are common. Such is the nature of life, for example, re partnering, significant increase in wealth post separation, the addition of new children, illness or loss of job. If any of these changes were to occur, they would materially change the circumstances of that party. That change has the potential to expose the other party to future family law claims. As such, it is advisable for all separated parties to seek independent legal advice and enter into the most appropriate settlement agreement for their specific circumstances. 

In many of the family and relationship law cases Walker Murdoch Law limited handle, we are formalising arrangements already made between parties to ensure their security for the future, and to provide clear guidelines as to what occurs if there were to be a future dispute. Further we provide advice as to potential future risks or disputes and how they can be avoided. We believe prevention is better than cure. 

Where parties have agreed to a financial settlement and arrangements for children it is common for us to draft Separation or Parenting Agreements. This process is largely administrative and does not require any attendance at the Court by the parties but importantly, provides the security of Court Orders. 

In some cases, parties will enter into “Contracting Out”, these Agreements cover agreements that occur before, during and after a relationship for both married and de facto couples. These agreements can cover “pre nuptial agreements” where people wish to contract as to what will occur if separation occurs and also parties who wish to contract out of the provisions of the Property (Relationships) Act 1976  being the provisions that would ordinarily apply if separation was to occur. 

Parties can enter into private arrangements for ongoing child support that provides consistency for parties in the future.

Whichever way parties chose to finalise their settlement arrangements, having security that comes along with it is critical. As is receiving advice as to your legal entitlements under the Property (Relationships) Act 1976 and what a Court may do if they were to determine your matter. The Family Court determines the value of a property pool at the date of settlement not at the date of separation. Therefore, if you were to fail to formalise, or delay your settlement for a significant period of time, you risk future earnings or assets acquired being included in that pool for division between you and your former spouse at a later date. 

If you wish to discuss your matter further, Walker Murdoch Law limited offer reasonable fees for the preparation of the agreements outlined in this article.

Pip Walker

Walker Murdoch Law Limited

Family Lawyer