Packages

Divorce Property Settlement

This package contains all work in preparing your documentation including, but not limited, to:

• • attending to your initial enquiry, taking your instructions and confirming that you both have reached agreement on the division of your property
  • sending Information Forms to both parties to complete and return to us with disclosure documentation (copies of super statements, bank statements, proof of shareholdings etc)
  • perusing replies on Information Form, checking disclosure documents and drafting Balance Sheet showing assets and liabilities
  • letter to you confirming your instructions, further advising on the divorce settlement process  and requesting any additional financial disclosure documents that we require
  • noting if there is any dispute as to valuation of assets (eg real estate, business, etc) and advising you to appoint an agreed joint valuer to value these assets, alternatively arrange a short mediation to investigate if agreement can be reached on any disputed valuation
  • perusing any valuations and making any necessary amendments to Balance Sheet of assets and liabilities
  • if relevant, obtaining confirmation of superannuation entitlements from your Funds
  • short mediation session, if required, with you (via telephone or Skype link) to reach a final agreement on the division of property once all valuations are obtained and agreed
  • finalising Balance Sheet of assets and liabilities, then drafting your Agreement
  • forwarding first draft of Agreement to both parties for approval
  • forwarding copy first draft Agreement to relevant Superannuation Fund for approval (only if there is to be a superannuation split)
  • replying to any queries you may direct to us in relation to the first draft
  • making any amendments and forwarding final draft of Agreement for approval
  • negotiating any agreed final amendments and completing final Agreement
  • arranging for signing of Agreement by both parties ensuring both are advised independently at the time of signing, and Certificates of Independent Advice completed by legal advisers
  • providing certified copy Agreement to each party to keep for your records, filing original document in our office for safekeeping
  • includes all letters, emails, faxes and landline/mobile/Skype calls to both parties

Cohabitation Agreement (pre-cohabitation/marriage or during cohabitation)

This package contains all work in preparing your documentation including, but not limited, to:

• • • Attending to your initial enquiry, taking your instructions and confirming that you both have reached agreement on the assets and liabilities you each brought into the relationship, and what you will retain if the relationship breaks down
    • sending Information Forms to both parties to complete and return to us with disclosure documentation as at the start of the relationship (market appraisals of real estate, copies of super statements, bank statements, proof of shareholdings etc), and seeking instructions about clauses to be added to the agreement in the event of changes in circumstances (eg birth of children, periods of unemployment or inability to earn an income, receipt of an inheritance etc) and explaining the benefits of updating the agreement when circumstances change
    • perusing replies on Information Form, checking disclosure documents and drafting Balance Sheet showing assets and liabilities at start of relationship
    • letter to you confirming your instructions, further advising on the process  and requesting any additional financial disclosure documents or information that we require
    • noting if there is any dispute as to valuation of assets (eg real estate, business, etc) and advising you to appoint an agreed joint valuer to value these assets, alternatively arrange a short mediation to investigate if agreement can be reached on any disputed valuation
    • perusing any valuations and making any necessary amendments to Balance Sheet of assets and liabilities
    • if relevant, obtaining confirmation of superannuation entitlements from your Funds
    • mediation session, if required, with you (via telephone or Skype link) to reach a final agreement on the assets and liabilities, once all valuations are obtained and agreed, the agreement as to retention of assets and liabilities if the relationship breaks down, and contingencies during the relationship
    • finalising Balance Sheet of assets and liabilities, then drafting your Agreement
    • forwarding first draft of Agreement to both parties for approval
    • replying to any queries you may direct to us in relation to the first draft
    • making any amendments and forwarding final draft of Agreement for approval
    • negotiating any agreed final amendments and completing final Agreement
    • arranging for signing of Agreement by both parties ensuring both are advised independently at the time of signing, and Certificates of Independent Advice completed by legal advisers
    • providing certified copy Agreement to you both to keep for your records, filing original document in our office for safekeeping
    • includes all letters, emails, faxes and landline/mobile/Skype calls to both parties

These costs are negotiable, depending on the work to be undertaken in your particular property settlement.

This package contains all work in transferring assets including, but not limited, to:

• • • forwarding copy Agreement to relevant Superannuation Fund with instructions to proceed with superannuation split
    • attending to transfer of real estate including preparation of Transfer and stamping document exempt from stamp duty, and keeping records for Office of State Revenue
    • communicating and liaising with relevant mortgagee and attending to any discharge of mortgage settlement
    • attending, or assisting you, to transfer of other assets  including shares, bank accounts, motor vehicles etc
    • communicating and liaising with your accountant to complete all relevant documents for transfer of business assets where relevant
    • arranging for any settlement involving cash payment/s to one or both parties

These costs are negotiable depending on the assets to be transferred. We will also act for you in the preparation of contracts for the sale of real estate.  This cost can be negotiated with you at the time, and will depend on where the real estate is located.

    When you have assets in your sole name, it is important to protect those assets and plan for the future, so we encourage you to instruct us to prepare the three most important documents you will sign.  We compare these documents to insurance policies…..you hope you never need them, but if the time arrives when you do, you (and our family) will be very glad you arranged for them to be prepared.

• • • Your Will makes provision for how you want to divide your assets between your beneficiaries.  You need to appoint an executor or executors who will administer your estate after your death – ie follow the instructions in your Will and distribute assets to your beneficiaries.  According to your assets and liabilities at the time, we will discuss with you the most appropriate clauses to include in your Will.  This is a document that you should review on a regular basis, and instruct us to amend the Will whenever your circumstances change. If you die intestate (i.e. you do not have a Will), the process of administering your estate may be delayed and could become a costly exercise for your family.
    • A Power of Attorney is an important document where you appoint trusted family members or friends to take over your financial matters, should you become incapable of managing them.  Your Attorney will be able to deal with all of your assets in the same manner that you can…….such as dealing with bank accounts, shares, superannuation.  They can also sell or purchase real estate. If you have not appointed an Attorney and you become incapable of managing your financial affairs, then a family member can apply to the Guardianship Tribunal to be appointed as your Financial Manager.  They will be able to deal with your income and pay your bills, but the Protective Office will take over the majority of your assets and administer them until your death, with little input from your family.  You must have capacity to sign a Power of Attorney, so don’t leave it until it is too late.
  • • An Appointment of Enduring Guardian is an important  document where you appoint a trusted family member or friend to make decisions for you in relation to your health and lifestyle issues, if you become incapable of making these decisions.  If you are not able to make decisions as to where you live, the health care you receive, other personal services for you, and consent to medical and dental treatments, then your Guardian can make these decisions for you.  If you do not appoint a Guardian and you become incapable of making these decisions, the Public Guardian is likely to be appointed to make these decisions for you, rather than family members.

All costs quoted above include gst and are usually shared between the parties