Financial Matters

Reaching An Agreement On Financial Matters

At Prime Law, our aim is to assist you to reach a resolution with your former partner as quickly and cost-effectively as possible.

We encourage and assist clients to reach an agreement with their former partner that results in a just and equitable settlement so that litigation can be avoided and the matter can be finalised by way of either a Form 11 Application for Consent Orders or Binding Financial Agreement. These types of consent agreements are the most amicable and cost-effective ways to resolve financial matters between parties.

If an agreement has already been reached between you, we can assist with the preparation of Consent Orders or a Binding Financial Agreement to document this agreement reached in a binding and enforceable way to finalise financial matters between you.

We can also negotiate and confer with your former partner or their legal representative to try and work towards getting an agreement and then assist you with preparation of, or advice on, Consent Orders or a Binding Financial Agreement to formalise and finalise the agreement reached.

At Prime Law, our experienced family lawyers regularly prepare Consent Order Applications and Binding Financial Agreements for financial matters. We can advise you of the most appropriate option for you in documenting the financial agreements you have reached after considering the specific circumstances of your matter and will guide you through the process of documenting agreements reached in the most practical and cost-effective way.

Court Proceedings For Financial Matters

There can be situations where Court proceedings for financial matters are required and we can advise you when we consider it to be necessary for you to proceed with this step or if you are the respondent, how to adequately respond to an application served on you. We also provide advice and guidance in relation to the applicable pre-action procedures prior to filing a Court application for financial matters.

Some of the situations when Court proceedings may be necessary and required include but are not limited to the following:

• a) The parties have exhausted all avenues of conferral, negotiation and alternative dispute resolution but have been unable to reach an agreement;
• b) In cases involving urgent need for financial assistance or spousal maintenance;
• c) In cases involving litigation funding issues;
• d) In cases involving real property being in the sole name of the other party or if there are genuine concerns the other party is going to sell, dispose of, transfer, further encumber or otherwise deal with property without the other party’s consent;
• e) In circumstances where there is a depletion of assets or reckless wastage of assets occurring or likely to occur;
• f) In matters where urgency is required due to applicable time limits or other relevant matters.

In circumstances of urgency, it is important to promptly obtain legal advice and representation in relation to financial matters. Our experienced solicitors can provide advice in relation to these types of matters and can assist you to lodge an urgent application to the Family Court for interim and final financial orders as quickly as possible.

Various Practice Areas

At Prime Law, we provide advice and representation on a range of different legal matters concerning financial matters including but not limited to the following:

• De facto matters and married couples (including same sex relationships)
• Cases involving spousal maintenance and financial support;
• Matters involving domestic and family violence;
• Matters involving injunctions and Caveats;
• Superannuation splitting orders;
• Consent Orders and Binding Financial Agreements;
• Disclosure exchanges and non-compliance;
• Enforcement applications for previous financial orders;