Property Settlement/ Financial Matters – What your Divorce Lawyer will need

property-settlementYou have made an appointment to see a family lawyer. You may be wondering, what should I bring to my appointment and what information will my family lawyer need?

Below is some information and documentation that you may wish to collate in advance of your first appointment with your family lawyer.

If you don’t know or have access to the documents/information set out below, there is no need for concern, your family lawyer will be able to assist you.

You should write down the following information

  • When you and the other party commenced living together
  • When you married (if applicable)
  • When you separated and if more than once, the periods of any separations
  • When you divorced (if applicable)
  • A list of the assets, liabilities and superannuation entitlements you and the other party had at the commencement of your relationship
  • A list of the assets, liabilities and superannuation entitlements you and the other party have as at the date of your appointment. This list may include the following
     

    • The address of any real estate which is owned by you or your spouse or former de facto
    • The name(s) of the registered proprietor(s) of any of real estate and an estimate of its approximate value
    • The full name of and a list of any assets or liabilities owned by any company in which you or your spouse/ former de facto have an interest, either as a director or shareholder
    • The full name of and a list of any assets or liabilities of any discretionary family trust in which you or your spouse/ former de facto have an interest, either as a guardian, appointor, trustee or beneficiary
    • The full name of and a list of any assets or liabilities of any unit trust in which you or your spouse/ former de facto have an interest as a unit holder
    • The debit, credit and loan accounts which you and your spouse/ former de facto conduct either in Australia or overseas, including
       

      • the bank or financial institution where each account is conducted
      • the name of the person or entity in which each account is conducted and
      • the current balance owing on or invested in each account

       

    • Any of the following owned by you or your spouse/ former de facto
       

      • businesses
      • shares or investments
      • life insurance policies with a surrender value
      • motor vehicles
      • boats and marine craft
      • furniture and contents
      • tools of trade, equipment and machinery
      • artworks
      • antiques
      • jewellery
      • any other assets of significant value

       

    • Any overdraft, redraw, credit or borrowing facilities which you or your spouse/ former de facto can access and the limit of any such facilities
    • The name of each superannuation fund in which you or your spouse/ former de facto have accrued entitlements and the current value of the entitlements in each fund
    • The value of any interest which you or your spouse/ former de facto have in any deceased estate(s)

     

  • A list of any assets you or the other party have disposed of or sold since separation

 

You should bring in the following documents if you have them

  • Your marriage certificate and a translation if your marriage in a language other than English (if available)
  • Your children’s birth certificates
  • Any binding financial agreement you have entered into with the other party or any other person
  • Any correspondence you have received from the other party or their legal representative
  • Any court documents you have received from the other party or their legal representative
  • In the event court proceedings are pending, a copy of all court documents filed in the proceedings to date, any court orders made and the details of any future court dates
  • Any child support assessment that you have received from the Department of Human Services (the Child Support Agency)
  • Any child support agreement you have entered into with the other party or any other person
  • Any violence restraining orders protecting you or the other party (or any other members of your family)
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