What i need to know about Negotiations
What I need to know about negotiations
When a couple decide to end their relationship, whether it be their marriage or de facto relationship, property and/or parenting issues may arise, which must be settled.
With the already emotional stress of the breakdown and your likely sense of failure, negotiating with your former partner will probably be a further burden on your nerves. You may also feel that you hardly ever agree on anything and it almost seems impossible to communicate with your former partner.
It only seems natural that you should have your interests looked after by someone on your side. Someone, who you can trust, confide in and can make the negotiation process much easier.
That someone has been Antwan Lawyers to so many people before you.
Antwan Lawyers recognise that your break up with your former partner is exactly that, a break from your partner. So we will be there to tie up your loose ends and protect what should be yours to the best of our ability.
The main benefits of having Antwan Lawyers act for you are:
1. We can advise you of your rights and the relevant legal process so that you are more aware to make informed decisions;
2. We reduce your stress of having to contact your former partner, especially when you feel your partner treats you ill or unfairly;
3. We are experienced in handling family law matters and can obtain the best outcome possible;
4. We understand that legal fees may be of a concern so we can arrange to have our fees paid at the end of our retainer.
In the unlikely outcome that informal negotiations fail, then there is the next level of taking the matter to Court. Even then, the Courts encourage all parties to attend dispute resolution techniques outside the Court room, which are much less expensive and time consuming than attending a Court hearing.
The good news is that negotiating settlement terms can occur at any time before the Court provides its judgement. Settlement is always the much safer option as you and your partner at the very least have control over the outcome since it is quite hard to predict a judge’s decision.
In the event that a settlement is reached, then we or your former partner’s solicitors can prepare an Application for Consent Orders and Terms of Settlement that you and your partner can sign, which will be filed in Court. The Court will then make this agreement binding upon you both. Then you can have some peace of mind.
What do I need to know about negotiations ?
Sadly, every year, many thousands of marriages end in divorce.
Legal proceedings to end marriage will have huge emotional and financial impact on all family members - whether you are the “leaver” or the “left”.
Negotiation between the two parties - what do I need to know ?
Negotiation between spouses to resolve matters may occur. This quite often results in a swift, inexpensive resolution of the process. However, equal distribution, and appropriate consideration of each party’s circumstances, may not be achieved in these negotiations due to guilt, trepidation and pressure, the dominant party in the relationship maintaining the upper hand in negotiations, emotional interference, and differing knowledge and opinions.
Negotiation between a party and lawyer - what do I need to know ?
Your lawyer can act on your behalf where negotiation between spouses is not resolved fairly in your circumstances.
The perception that involving a lawyer means releasing control of the situation, Court and a substantial bill, is quite prevalent in society.
A lawyer is able to provide:
§ counsel and information in regards to the entitlements of both parties
§ objective ability to negotiate, resist pressure to provide a quick response to the other party
§ experience - ensuring that you are made aware of relevant issues, and tactics that may lead to one party being financially better off.
Please do not hesitate to "Call Us" for immediate professional advice
When an agreement is reached…
You have two further choices to make when you reach this stage of the process.
§ If either party is ‘buying out’ any part of the other party’s assets, it is necessary to do it at this stage. No formal agreement is established until the exchange of finance and any relevant paperwork in relation to the transfer of assets has been completed.
§ Your lawyer can prepare an Application for Consent Orders and Terms of Settlement. These papers are then filed at Court. On acceptance of these papers, the Courts decision is absolute and binding. It should be noted that if neither party obtains a Consent Order, then such proceedings can only be started up until 12 months after the date of the divorce and asset value and financial situation will be considered at the time of the Court proceedings, not at the time of separation.
When are Court proceedings commenced ?
Inability of both parties to reach an outcome due to an immense relationship breakdown may mean that the only way for an effective and appropriate outcome to be decided is through Court proceedings.
There may also be factors in one party’s situation, where a delay in negotiations and outcomes are not acceptable, including:
§ refusal by one person to meet payments of financial commitments (for example car repayments)
§ one party attempting to sell possessions, without consent from the other person
§ the intent of one party to claim financial benefits, with out consent of the other person (for example, claiming superannuation entitlements).
Property settlements are usually conducted through the Federal Magistrates Court or the Family Court of Australia. 95% of negotiations are resolved through various dispute resolution techniques, while the remaining 5% eventuate in final Court hearings.
There should be disinclination to take this step if an outcome can otherwise be agreed to. If during the course of the Court proceedings the parties involved feel that an outcome can be met outside of hearing, negotiation of the settlement can still occur.