Guided Self Help For Financial Matters
Save Up To 50% In Professional Fees
Guided Self Help means you use us for more complex parts and not the full representation. Quite often many clients cannot afford going to Court for financial matters.
We will guide clients as to what to do. This may include seeking the right orders and what to submit in court. In a lot of instances, we empower clients themselves and guide them through the process in doing so they can save up to 50% or more in legal fees.
This self-help approach is not always possible but is our contribution to simplifying the process and helping those in need.
The flowchart below explains some of the important steps and concepts. The flowchart is further explained in detail below. We also have many flyers and guides.
Our Senior Family Lawyers
Jaswinder strives to simplify and demystify complex legal
matters, to explain them logically and without “jargon”.
He resolves and commits to the best possible commercial
outcomes for his clients.
Step by Step Guide to Family Law Financial Matters
(1). Case Assessment and Prepare Letter of Offer
We undertake case assessment of your situation, review your financial history and prospects and send the letter of offer to the other side. This letter of offer or usually have a time limit of 7 or 10 working days for a response. The offer will suggest an amicable solution or asset split (say for example 50% each) with either a “BFA “or consent orders to document the agreement.
(2). Assess the Response to the Letter of Offer
We assess the response. If the response is positive, we suggest moving forward to consent orders or a BFA.
If the response is negative, we then consider lodging an application in the case and starting court proceedings (Step 3).
(2a). Positive Response, Prepare BFA.
A BFA is the simplest and best way to agree financial separation and we draft the same and sent to the other side solicitor for the first review. It is important to note that the parties must have agreed on how the assets are to be dealt with in the review is to ensure that both solicitors are happy with how things are drafted.
(2b). Positive Response, Prepare Consent Orders.
Sometimes it is not appropriate to have a BFA and consent orders made by the court may be the better option. In this case, we draft the consent orders and sent to the other side for the review and execution and once they are accepted, we lodge them in court for the judge to make these orders or to have a short hearing before the orders are made. Consent orders may also be made at any time during the litigation process – just because we started A court action doesn’t mean that we can’t settle it if a suitable offer is forthcoming.
(3). Draft, Lodge and Serve the Court Application
We draft your court application, lodge and serve the same on the other side. This will contain some detailed affidavits as well as the proposed orders that we are seeking in court. The other side must lodge a response within 28 days and this usually means that if the other side has done nothing to date, they will need to see a lawyer as soon as possible.
(4). Attend Court, Direction's & Meditation
We attend court and the judge makes orders for the provision of documents or for the parties to attend a mediation before setting it down for a final hearing. We may need to attend several directions hearing’s depending on the conduct of the other side to seek subpoenas or other information.
(5). Prepare, Attend Final Hearing & Court Orders Made.
The matter goes to a hearing and we usually instruct barristers and the length of days of the hearing depends on the number of witnesses and the issues in dispute. Most matters usually settle prior to final hearing but if they do not, the matter is heard in court and orders are made regarding the property. Judgements are usually given after the hearing.
How Much Will it Cost?
We have streamlined our costs in a transparent way as much as possible and our fixed fee estimates are in the link below.
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