In the very best case scenario, you and your spouse will be able to communicate directly to negotiate a Family Law result that is best suited for you. Most people would be reluctant to participate in this type of negotiation without receiving advice from a family lawyer about their possible rights and obligations. It is essential that you obtain sound information and advice from a family lawyer, as to the reasonable parameters for settling your issues, before you embark up direct negotiations.
Participation & Results
Our family lawyers can provide you with ongoing advice and guidance as you walk through the direct negotiation process. If you experience challenges with direct negotiation, we can help you to readily convert to a different method of settling your Family Law issues. If you arrive at a possible agreement with your spouse, we can advise you of the merits of the proposed agreement. We can then assist you in preparing a contract, generally known as a “domestic contract” or “Separation Agreement,” which captures your agreement, in terms that are easy to understand but are also secure and enforceable.
Finalizing Your Agreement
It is never wise to try to draft your own contract. If a domestic contract is prepared by non-lawyers, there is a much greater likelihood that:
- its terms will not achieve the results intended by the spouses;
- its terms will be inaccurate, inconsistent, incomplete, conflicting or incapable of clear interpretation;
- it will not meet the procedural and other requirements of a domestic contract.
If your informally drafted contract is inadequate, in any of the ways identified above, there is a reasonable likelihood that some or all of its terms will set aside by a Court if it is challenged in the future.
If you have invested time, effort and money to arrive at a settlement package, it is worthwhile to ensure that the package is accurately recorded and as enforceable as it can possibly be, through preparation of your domestic contract by way of a family lawyer. Otherwise, you cannot confidently rely upon the accuracy, validity or enforceability of your contract.