Complexity: Wills involve intricate legal language and considerations. Without legal expertise, there's a risk of overlooking important details or making errors that could render the will invalid.

Specific Circumstances: Every individual's situation is unique. A generic will template may not adequately address your specific assets, family dynamics, or wishes, potentially leading to unintended consequences or disputes. It's important to include all of your assets, including any superannuation funds, in your will.

Legal Requirements: Wills must meet certain legal requirements to be valid. A lawyer ensures that your will complies with these regulations, reducing the likelihood of challenges or complications during probate.

Contest Risk: DIY (Do it yourself) wills are more susceptible to being contested in court. A professionally drafted will, with clear language and proper execution, minimises the chances of disputes among beneficiaries.

Peace of Mind: Engaging a lawyer to draft your will provides reassurance that your wishes will be accurately documented and legally enforceable, offering peace of mind for you and your loved one

Absolutely. Lawyers inherently handle conveyancing matters, and at Waters & Co, this is our specialty. We excel in managing all aspects of property transactions, ensuring a smooth and legally sound process for our clients. From contracts to titles, we diligently oversee every detail to protect your interests and facilitate a seamless property purchase experience

Legal Expertise: Lawyers have the expertise to ensure that the separation agreement addresses all necessary legal aspects, such as property division, child custody, and spousal support, in accordance with relevant laws and regulations.

Complexity: Separation agreements can be legally complex documents. A lawyer can navigate these complexities and ensure that the agreement is comprehensive and legally binding.

Protection of Rights: A lawyer can advocate for your rights and interests throughout the negotiation and drafting process, helping to ensure that the final agreement is fair and equitable.

Avoidance of Errors: individually drafted separation agreements may contain errors or omissions that could lead to disputes or legal challenges in the future. A lawyer can help prevent such issues by drafting a thorough and accurate agreement.

Enforceability: Having a lawyer draft the separation agreement can help ensure its enforceability in court, should any disputes arise in the future.

No, you can proceed with finalising your property settlement at any time following separation. There is no requirement to wait until obtaining a divorce. However, after you have divorced, you have a period of 12 months to commence Court proceedings. In exceptional cases, the Court may grant permission to start proceedings beyond this period, however, such permission should not be assumed.

Spouses can get divorced if at least one party believe that there has been an irretrievable breakdown of the marriage. This is evidenced if both spouses separate for a minimum period of 12 months. There must also be no likelihood of reconciling the marriage. In most cases, if the duration of the marriage is less than two years, then the spouses will need to see a family counselor and obtain a certificate before filing for divorce. Speak to our legal experts who can provide you with more information if you have concerns about your eligibility for a divorce.

Absolutely, at Waters & Co, we understand life can be full on, and attending appointments during business hour might not be feasible. Whether your schedule is tight due to full-time work commitments or caring duties, we accommodate your needs.

Do not worry about rearranging your day; we can schedule a call your convenience. Your legal matter is important to us, and we are here to make the process as convenient and stress-fee as possible.

You can make a Binding Financial Agreement (BFA) at any time during your relationship, whether before, during, or after marriage or de facto relationship.

Before Relationship: Some couples choose to create a BFA before entering into a marriage or de facto relationship to outline how their assets, liabilities, and financial resources will be divided in the event of separation.

During Relationship: BFAs can also be made during a relationship as a way to clarify financial matters and protect assets.

After Relationship: After separation, couples can also enter into a BFA to formalize their financial arrangements without going through court proceedings.

Spousal maintenance is financial support paid by one spouse or partner to the other after separation or divorce to assist with their reasonable living expenses. It's often paid when one spouse/partner is unable to adequately support themselves financially, either due to factors like age, illness, caring responsibilities, or a significant disparity in income between the spouses.

Spousal maintenance can be agreed upon between the parties themselves or ordered by a court. The amount and duration of spousal maintenance payments can vary widely depending on factors such as the financial needs of the recipient, the paying party's capacity to pay, the standard of living during the relationship, and any other relevant circumstances.

A survivorship application typically refers to a legal process where ownership of assets, such as property, is transferred to the surviving owner when one of the joint owners passes away.