Certain advice not always the best advice for Property Settlements
A good family lawyer should never provide certain advice when predicting the outcome of a property settlement (the division of property following the breakdown of a marriage or de facto relationship). Certain advice of "
You will receive 60%" should not be relied upon. Property settlement outcomes are never that certain.
Instead a good family lawyer reliably predicts for a client the range of outcomes for the division of property if it was to be heard and determined by a Court.
This is because if it is not possible to reach agreement with your spouse on the division of property, the Court has wide discretion in determining the division of property.
Understandably, this wide discretion can be confusing and frustrating for clients. Clients want and expect to know their property entitlement following the breakdown of their relationship. After all, when they have a medical ailment, they receive certain medical diagnosis from their Doctor, or if their car develops a rattle, generally a certain diagnosis is made by their mechanic.
Given the wide discretion in which we practice, good and correct family law advice involves providing clients with a range of outcomes, from best case to worst case that a Court would award.
Reliably predicting the range involves obtaining from the client the correct and relevant facts and then applying those facts to a number of elements and principles.
The Family Law Section is constantly undertaking review of court decisions and settlement outcomes so that we can continue to provide our clients with a reliable range of outcomes in property settlement matters.
Trent Waller
Family Law Partner
Posted on 23rd September 2009
