There are many ways that you can benefit by getting a case assessment from aussiedivorce.com.au:
Some lawyers unrealistically raise your expectations, leading to lengthy and expensive proceedings. In the end, the outcome is disappointing and you've spent a fortune on legal fees trying to achieve something that was never going to happen.
We won't conduct your proceedings so we have no reason to want to raise your expectations unreasonably.
A summary of the steps involved is set out below:
The case assessment is carried out by one of a panel of selected barristers who have:
The case assessment is provided through a solicitor with a current practicing certificate.
A case assessment is appropriate:
A case assessment is not appropriate for people:
The information you need to provide is similar to that required when you consult a lawyer in person. It is the information necessary to assess what your property settlement entitlements are and includes information such as the following:
Yes. Both the information you provide in the questionnaire and the assessment itself are confidential. They are covered by legal professional privilege, just like if you were to give the information to a lawyer in person or receive advice from a lawyer in person.
There can never be any guarantee about what the outcome of court proceedings will be. If anyone tells you otherwise, ask them to put it in writing for you.
Predicting the outcome of proceedings for property settlement is not an exact science. There are many factors which can have a significant impact on the outcome of such proceedings.
The two most significant factors that can affect the outcome of proceedings are:
Before a court can decide what a fair division of assets is between parties, the court needs to make decisions about what all the relevant facts are. Sometimes, there may be a dispute about the value of certain assets or liabilities. In most cases, there are different versions given by the parties about what occurred during a marriage or relationship. In the end, the court needs to make decisions about these disputes. This is referred to as making findings of facts.
The case assessment is based on the assumption that a court would make findings of fact that are exactly the same as the information you provided in the answers to your case assessment questionnaire.
In practice, this almost never happens. It is extremely rare that everything goes exactly the way one of the parties would like it to. Stating a fact can be easy. Proving it in court is a different matter.
The accuracy of your case assessment can only be as good as the information you provide in your answers to the questionnaire.
Under the law, a Court has considerable discretion when determining the respective property entitlements of parties to a marriage or relationship. This means it is impossible for anyone to predict with absolute accuracy what the outcome of such proceedings will be. In any matter, there will be a range of possible outcomes that will be considered to be "just and equitable" and one particular judge's view may differ slightly from that of another. Nevertheless, neither view may be viewed as wrong as long as it is within the range of outcomes considered to be just and equitable.
For the reasons referred to above, your case assessment can only indicate your property settlement entitlements as a range of percentages of the net value of the assets of the marriage or relationship. Usually, that range will be at least 10% (for example, the range may be indicated as "between 40% and 50%").
In some cases, the range may be greater than 10%. Cases where the net value of the assets of the marriage or relationship is small compared to the income of one of the parties or where there are children who will be living predominantly with one of the parties are an example of such cases.
While the Solicitor and the barrister who carries out your case assessment will use their knowledge and experience to provide as accurate an assessment as possible based on the information you provide, there can be no guarantee that the ultimate outcome of your proceedings will be as indicated in your case assessment.
All of this doesn't mean that the case assessment is of little value. Because going to court can never have a completely predictable outcome, you need to negotiate with the opposing party to try and reach an agreed outcome. Knowing what the range of possible outcomes is helps you work out your position when negotiating.
Generally, we would recommend that you consider offering to settle a dispute on terms that are closer to your worst possible outcome rather than your best possible outcome. (Of course, such an offer doesn't have to be your first offer). We say this because you should keep in mind that if you can't reach an agreement with the opposing party because you want an agreement on terms that are close to your best possible outcome, you will need to spend a very substantial amount of money on legal fees to try and get such an outcome from a court. And in the end, you may never get the outcome you want.
We don't suggest that you shouldn't get a second opinion from another lawyer if you want to. Or you may choose to order a case assessment from aussiedivorce.com.au to give you a second opinion. What we do suggest is that, if you have obtained another opinion which is significantly different to the result of an aussiedivorce.com.au case assessment, you ask the lawyer to explain to you the reasons why they think their opinion is more accurate. It may be that your case has very unusual circumstances. If so, they should be able to tell you exactly what it is that makes your case so unusual. If they can't do that, then we suggest you think seriously about the accuracy of that other opinion