I have a close friend who is need divorce advice and a good lawyer, how do I help her find one?
Divorce and Settlement and Property and Such
bsk on 30/12/2014 - 05:03
Comments
thanks that is great, as we do not know anything about this stuff and she is very emotional atm so hard to make decisions. is there a web site where you can find out what is the break up % and what her rights are? thanks
She needs to get legal advice, as every situation is a bit different. She needs to secure documentary evidence of her contributions, financial and otherwise, to the relationship, so save any receipts, records etc. She will need a solicitor as there is no free legal help where property is concerned. If you gave her general location, people may be able to recommend family lawyers they have used. I think there is some free government brochure, but really she needs professional advice.
she is in Picton NSW and there is property involved and someone has suggested to her that she needs to get a covenant to cover it as it is in her husbands name but they have jointly owned it for about 20 years..
You really need to see a lawyer and get proper advice. To cover the land, you would need a caveat and not a covenant. This is to prevent any transactions being done on the property prior to the divorce settlement. Sounds like an acrimonious bitter divorce. Good luck to your friend.
thanks, so if anyone can recommend a lawyer in her area, please do thanks
For a divorce to occur they must be separated for 12 months. If separation has only just occurred tell her not to fret too much about the divorce papers as there is plenty of time and the divorce process has nothing to do with property settlement. You have another 12 months after the date of the divorce to file your property application.
Check out this page from the family law courts for more information on property settlement and money after separation. It also lists the things taken into account in working out spouse entitlements. The owner of the asset does not necessarily matter. http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/P…
Lawyers cost a lot of money but there are cheaper options for the initial advice from your local community legal centre. Macathur Legal Centre covers the Picton area and can be found at www.macarthurlegal.org.au
Hope this helps. Divorce and property settlements are really stressful time.
Find a decent sized legal firm around her, nearly all will have a family law division who will be able to provide proper advice.
If you know of anyone who has used lawyers around her area ask them if they were happy with the service/costs and if so speak to that lawyer. That particular lawyer may not practice family law but should be able to recommend one.
Never ever forget to establish the hourly rate! Cost agreement is your friend.