PERTH Lvl 1, 16 Parliament Place, West Perth WA 6005 PO Box 1363, West Perth WA 6872 DX 60706 T (08) 9322 1966 F (08) 9322 2727ALBANY 49 Peels Place, Albany WA 6330 PO Box 5084, Albany WA 6332 DX 60806 T (08) 9841 2322 F (08) 9841 2489DENMARK (By Appointment) 37 Strickland Street, Denmark WA 6333 T (08) 9848 2848 F (08) 9841 2489MT BARKER (All mail to Albany ofce) 4 Marion Street, Mt Barker WA 6324 T (08) 9851 1113 F (08) 9851 1100www.hhg.com.aureception@hhg.com.auWA Solicitors Pty Ltd trading as HHG Legal Group,Hudson Henning & Goodman and Wheatleys Legal ACN 122 853 507 ABN 54 122 853 507PRIVATE CLIENT SERVICESFamily & De FactoWills & Estate PlanningEmploymentTaxation & SuperannuationPrivate Wealth ServicesDeceased Estates ConveyancingDispute ResolutionPhilanthropyBUSINESS & GOVERNMENT SERVICESCommercialPropertyLitigationInsolvencyWorkplace RelationsTrusts & Corporate StructuresTaxationSales & AcquisitionsDefence & ProsecutionLocal GovernmentBanking & FinanceConstructionAgriculture & Viticulture HOWTOAVOI DCOURTI NARELATI ONSHI PBREAKDOWN Family & De Facto Law HHG Legal Group 1. SEEALAWYERTOGETACLEAR&ACCURATEPICTUREOFWHATYOUARE ENTITTLEDTO:Detailed advice on your rights and entitlements will help you to see the biggerpictureintermsofwhatyouarefightingforandwhetheritisworthit.Itwillalso assist you to negotiate sensibly in mediation. 2. ATTENDMEDIATION:Mediationprovidesanopportunityforopendiscussionabout whateachofyouwantsforthechildrenandintermsofanoverallpropertysettlement. You may not reach an agreement at mediation, but hopefully you will leave understanding what your ex partner wants to achieve, and what they are prepared to compromise on. 3. THINK OF YOUR PROPERTY SETTLEMENT AS A COMMERCIAL TRANSACTION: As difficult as it may be, if you are able to think of your property settlement as a business transaction, you are more likely to come to an agreement with your ex partner. You need to be focused on what is fair and equitable, what you are actually entitled to and what you are prepared to negotiate on in order to reach a settlement. Emotions need to be kept in check. 4. PROVIDEFULLANDFRANKDISCLOSUREASEARLYASPOSSIBLE:Itisvery common for one person to commence Court Proceedings because the other is refusing to provide financial disclosure. Both spouses in a family law property settlement are obliged to disclosure all relevant financial documents and information to the other. By cooperating with requests for disclose promptly, you will increase your chances of settling out of Court. 5. MAKE AN OFFER:A genuine offer to settle demonstrates to your ex partner that you areseriousaboutsettlingthematterexpeditiouslyandoutofCourt.OnceanOffer(and possibly a Counter-Offer) has been made, it is easier for both of you to understand what the other is asking for.6. AGREE THE VALUES OF THE ASSET POOL AND INDIVIDUAL ASSETS:As early aspossibledeterminewhattheassetsandliabilitiesofyourrelationshipareworth.Ifa value cannot be agreed for an asset, obtain a joint valuation through your solicitor. Special rules apply. It is difficult to negotiate (and settle) without agreement about these values. 7. KEEPTHEBESTINTERESTSOFYOURCHILDRENINMIND:Making arrangementsforthecareofyourchildrenfollowingarelationshipbreakdowncanbe difficult.Itisimportanttorememberthatthebestinterestsofthechildrenareallthat ultimately matter. Parents do not have any rights to their children; rather, children have a righttospendtimewithandhaveameaningfulrelationshipwitheachoftheirparents. Avoidanargumentaboutwhospendstimewithwhomandconsiderwhatthechildren need in order to have a stable routine and a meaningful relationship with their mother and father. 8. BEPREPAREDTOCOMPROMISE&HAVEAGENEROUSSPIRIT:Itmaysound trite, but a generous spirit goes a long way in a property settlement! Sometimes you may befacedwithspending$20,000onlegalfeestogain$20,000inanoverallsettlement, when a simple compromise might see both of you $10,000 better off.9. CONSIDERCOLLABORATIVELAW:Anewtoolavailabletofamilylawyers. Imagineyou,yourex-partner,twolawyers,anaccountantandafinancialplanner,all working together to achieve a mutually acceptable settlement. _______________________________________________________________________ Thisisgeneralinformationonly,anddoesnotconstitutespecificlegaladvice. Ifyouwouldlike furtherinformationinrelationtothismatterorotherlegalmatterspleasecontactourofficeat reception@hhg.com.au or call us on 1800609945.