Negotiating separation

Reaching agreement with your former partner on key issues can be hard when your marriage or de-facto relationship ends. It is also risky without legal advice to protect your best interests.

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The biggest issues to address are what happens to the children, how to re-organise your financial arrangements and how to divide the things you own together.

Many people negotiate agreements on these issues between themselves (and avoid lawyers all together!). However, doing it yourself means there is a risk that you might agree to something that is less than what you are actually entitled to – causing more problems down the track.

If you are having difficulty reaching agreement on some or all of these issues, if you want to ensure that the proposed agreement is fair or you are just not sure what you are entitled to, then we can help.

Our Family Law team offers practical advice on what you can reasonably expect based on our extensive understanding and experience in this area and support in achieving a fair settlement.

You can learn more about this process and what is involved by reading our “Helpful Guide to Successfully Navigating Separation and Divorce“.

How we help

Our experienced family lawyers will help you negotiate a fair outcome and protect your best interests and that of your children.

Over the last 50 years, we have successfully guided and supported hundreds of people through this (sometimes very painful) process and out the other side.  

At Tonkin Legal, we firmly believe that the best way to reach agreement with your ex-partner is through negotiation wherever possible.  

Because everyone’s situation and relationships are different, there a number of ways that we can help you do this.  

Sometimes, the best approach is to deal directly with your ex-partner’s lawyer via correspondence and telephone to negotiate agreement.  

In some situations, we recommend a more face-to-face approach, where both of you agree to engage your own collaborative lawyer (like St John Heath or Shane Williams). Everyone comes together at one (or more) meetings and works to resolve differences in a supported and polite way and negotiate a settlement, bringing in expert assistance from psychologists, financial advisors and others as needed.  

Other situations may benefit from appointing an experienced mediator to support the process of reaching agreement – and we have established relationships with the best in the area.

But sometimes no amount of negotiation will work and we need to go to court to reach a fair settlement for you. This is the most expensive and stressful of all options and we only go down this path if all other efforts fail. Arbitration can be an alternative to court, offering a speedier process with enforceable outcomes.

But you can rest assured that when we do go to court, we have an excellent track record for securing a good result for our clients.

If you are separating from your partner, download our free separation guide for more helpful info!

1. First meeting

The first step is to organise a meeting with you and one of our Family Law team.  This is where we get to know you, learn more about your personal situation and your relationship with your ex.  

There are lots of aspects to consider.  We will collect as much information as we can at this meeting to help us understand the best approach to take. This checklist explains what you need to bring to the meeting.  The first meeting will cost $450 (including GST) and takes one or two hours (and sometimes a lot of tissues) to get through.

2. Prepare a cost-estimate

Based on the information gathered at our first meeting, we’ll prepare a cost-estimate which clearly explains the anticipated costs of appointing us to reach a fair settlement. You will need to pay some of this in advance.  

This cost-estimate is based on our many years of experience undertaking this type of work. We pride ourselves on working as quickly and as efficiently as possible to keep your costs down. But we are not going to cut corners. Our focus is on getting the best result we can for you. 

3. Negotiate agreements

Once you are happy to appoint us, we commence negotiations on your behalf. It’s our job to advise you on the best approach to take and to help you secure a satisfactory agreement on some or all of the following:

  • Child custody arrangements – What happens to any children, where they will live, with whom and when?
  • Child support arrangements – Who will pay for what expenses associated with supporting your children?
  • Spousal maintenance payments – If one party is not working and needs financial support and the other party can afford to pay it?
  • Financial agreements – What happens to your joint assets (your family home, any investment properties, cars, superannuation, money in the bank or shares)?

4. Provide additional support

Once you have reached agreement with your former partner on these issues, there are other matters that may require legal advice. Our team is also here to help you:

  • finalise your divorce
  • sell your joint property and buy a new home
  • preparing a Will or update your Will to reflect your new circumstances
  • plan your estate.

Our comprehensive, supportive and results-oriented approach is why our clients chose us for this important work. 

What Our Clients Say

Good morning Charlie, I'd like to thank you and your team for your continued support and professional approach during what amounts to be a tough time.

Robert

Lymington (Tasmania)

Thank you so much Ruby for your support. I have had no problem with recommending you and the firm to others during our time together and will continue to do so in the future.

Stephen

Heidelberg

Just wanted to say big thank for everything over the last few months. Your support has been fantastic, I’ve felt heard and respected through the entire process. So relieved to finally be able to close that chapter.

Brianna

Thornbury

Ruby was fantastic, she made the whole process easy with no stress.

Ron

Viewbank

Great timely service and everything explained clearly.

Sara

Doreen

Shelley was very easy to deal with, and always had the answer for any questions or queries we had.

Daniel & Kiera

Whittlesea

Ruby was courteous and professional during the entire will process. Ruby took the time to understand our life situation and have a few laughs during the process. We thoroughly enjoyed Ruby’s approach of being professional but not stale and dull.

Grant & Robyn

Maribyrnong

Everything was done efficiently. Staff were all very friendly and helpful.

Kerri

Montmorency

Suzanna was extremely helpful and patient under difficult circumstances.

Leigh

Lower Plenty

Thanks Charlie. Your friendly manner, responsiveness and professionalism was much appreciated.

Rose

Rosanna

Thank you again for your very compassionate and professional handling of the signing. It's not easy by any means but you are making it so much better for us.

Noah

Watsonia

“Thank you St John for your great work and professionalism in finalising my divorce. It was great and after so many years it has taken to get to this place, it is still quite unbelievable that it has now been finished.”

Ava

Heidelberg

Everything gets sorted so quickly and everyone is so friendly.”

Pauline

Toorak

Suzanna and Shelley, acknowledged and thank you sincerely for all you have done, not only over the last few months for settlement, but also over the past two years….Your professionalism, thoroughness and exceptional communication has been deeply appreciated especially given I have been overseas for 80% of this process. Wishing you continued success in your business. I’m proud to say my lawyers and conveyancers are Tonkin Legal Group.

Mark

Fitzroy North

Hi Charlie, a word of thanks for the assistance and guidance provided by Tonkin Legal and in particular by yourself in settling my mother’s estate, throughout drawn out [to me] processes over the past two years. Your commitment and persistence in working through those processes on our behalf is truly appreciated.

Lindsay

Melbourne

Our Team

St John Heath

Partner - Accredited Specialist in Family Law

St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.

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Ruby Heath

Partner

Ruby Heath is a Partner at Tonkin Legal Group.

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Charlie Robinson

Partner

Charlie Robinson is a Partner at Tonkin Legal Group.

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Ash Soklevski

Lawyer

Ash is currently working as a Lawyer in our Wills and Estates & Family Law teams.

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Cassandra Rush

Family Lawyer

Cassandra is a member of our Family Law Team.

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Our Trusted Network of Professional Advisors

Dr Kylie Wainwright & Assoc
Empowered Psychology
Herman & Berry
MFM GROUP
RAV
Thompson Financial Services

A Helpful Guide to Successfully Navigating Separation and Divorce

Are you in the process of separating or divorcing? Our free guide to navigating separation and divorce is here to answer your questions!

If you are separating from your partner, download our free separation guide for more helpful info!