Our Law Firm has over 5 years of combined expertise solely practicing family law. We collaborate so that your case will benefit from all of our years of expertise.

Your case plan is developed with our collaborative participation and attention, resulting in a thorough and unique road map out of divorce. When it comes to your property settlement we can help with:

• Pathways to resolution
• Negotiating with your former partner or their lawyer
• Round Table Discussion
• Mediation
• Arbitration
• Court proceedings
• Consent Orders
• Binding Financial Agreements

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Please spend five minutes of your valuable time completing our brief online form so that we may contact you and discuss your specific requirements. We will analyze the information you have provided, run it through our system, and match you with a qualified attorney.

We are delighted to assist you while you seek answers.

How Can Our Law Firm help you?

At Our Law Firm, we have several lawyers who only practice family law (including many Accredited Specialists in Family Law). Other specialized attorneys in the company can lend their knowledge in areas such as commercial advice, taxation, and property law if such concerns need to be addressed in dealing with your case, in addition to our practical experience in all parts of family law.

We make every effort to offer you the best service possible, whether it is merely advising you on your rights and duties, aiding you in settling problems, or defending you in disputed Family Court processes. Where necessary, we will collaborate with your other advisers, such as your accountant, to gain a comprehensive picture of your situation and give you the best advice available.

Examples of how we can provide expert advice on property settlement issues under the Family Law Act include:

If you and your ex-partner have previously reached an agreement, we may be able to assist you in formalizing it so that it is enforceable and legally binding.

We can negotiate on your behalf with the other party or that party’s attorney if you wish to speak with your ex-partner about reaching a mutually agreeable property settlement.

We may assist as your legal counsel in court matters regarding property division and any other monetary issues permitted by the Family Law

Property Settlement

When a couple divorces, they agree to split their assets, liabilities, and financial resources through a property settlement. A property settlement can be reached with or without the intervention of the court.

• Property can encompass practically any valuable item, such as:
• Property owned jointly or separately;
• Superannuation;
• Commercial interests;
• Trustee’s interests
• Jewelry;
• Cars;
• Inheritance-related assets
• Money;

Property acquired outside of the relationship is also considered in a property settlement. A property settlement may cover assets acquired both during and after the marriage. The parties shall equally share any liabilities, whether owned jointly or separately, including debts, loans, taxes, and duties related to stamp duty.

Without Court’s Assistance Property Settlements

If you wish to resolve your property issue out of court, you have several choices. Considering the complexity of such a transaction, you ought to get legal advice while you plan your property settlement.

If you can resolve the disagreement on your own, you will save time and money. Additionally, you might be able to deepen your relationship with the other person, which will make it easier for you to handle any problems down the road.

You should either get a court order or sign a financial agreement if you and your spouse have agreed on the parameters of a property settlement.

Financial Agreement;

Similar to a contract, a financial agreement spells forth how the parties’ property will be distributed. Under the Family Law Act of 1975, spouses or de facto partners may enter into a legally enforceable financial agreement (Cth). A partnership can be formed before, during, or after a prenuptial agreement, also known as a financial arrangement.

Make sure you understand the conditions of any financial transaction you intend to get into. Before entering into any arrangement, each party should get independent legal and financial counsel. The agreement is invalid and subject to judicial review if the formal requirements are not satisfied.

Consent Orders

If you and your ex-partner decide to settle the property settlement, you can draft a settlement agreement and get the court’s approval. Similar to when you sign a contract, your signature on the agreement signifies that you agree to its terms. The decree is enforceable if the court upholds it.

Furthermore, obtaining a consent order does not need a court appearance.

Property Settlement through Court;

If the parties are unable to achieve an out-of-court settlement, they may petition the court to make an order on their behalf. A court may issue an order only when it is both lawful and reasonable to change each party’s specific property interests.

The court uses a four-step procedure to determine how property should be distributed between the parties:

1. Determine each party’s present legal and equitable rights in the property.
2. Determine whether, under the circumstances, a property settlement order based on those stated interests is fair and just.
3. Define an entitlement based on a percentage for each party’s direct and indirect, monetary and non-monetary contributions (such as salaries, child care, and household obligations); 4. Consider whether the percentage-based entitlement should be modified further, the parties’ future needs (such as child care, health, financial resources, and earning potential) and whether the result is reasonable and equitable in all circumstances.

Time Limits;

A de facto couple gets two years from the split date to settle their property. A married couple gets a year to settle their property after their divorce is legally finalized. In extraordinary cases, the court may extend the deadline, although this seldom happens.

In cases when the value of the parties’ assets increases over time, it may be in their best interests to reach a property settlement sooner rather than later.