Do you need a lawyer to sign a separation agreement?
Do you need a lawyer to sign a separation agreement?
While there is no legal requirement that you have a lawyer, it is important to consider that when you sign an Agreement you are legally binding yourself to the terms. It is extremely important to understand the issues that should be included in a Separation Agreement and to understand exactly what you are agreeing to.
What happens if one spouse refuses to sign separation agreement?
The Court can grant a divorce order, even if the spouse refuses to sign any documents. If the responding spouse does not attend the hearing, the Court may finalise the divorce application in their absence. Otherwise, the spouse may ask the Court to appear by telephone.
How much does it cost for Separation Agreement?
If you choose to have a law firm draft the document from scratch, you can expect legal fees to be in the order of $3000-5000 for just one party, if you have a straightforward matter. If you wish to split superannuation or your finances are more complicated than most, you can expect the cost to rise dramatically.
Does a will override a separation agreement?
However, unless a separation agreement is very carefully worded, the wills made by the parties to a separation agreement, even if those wills predate the separation agreement and appear on their face to be contrary to the intention of the separation agreement, will be found to prevail.
Can my ex take half my house?
Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the rental agreement or the title of the property. You cannot be forced to leave just because the property is not in your name, unless the Court orders it.
Is Will still valid after divorce?
Generally, the effect of divorce on your Will is to treat your former spouse as if he or she died before you. That is, the rest of your Will would still be valid, but your ex-spouse would not be appointed as your executor and would not receive a gift from your estate, even if that is what your Will says.
