Family Law -
Property

One of the most important, emotional and often the most difficult issue facing couples who separate is the division of assets following a separation or divorce. It can often become an emotional and physically draining process.

Financial and Property settlements can be complex involving not only your home, but often investment portfolios, trusts, superannuation, family businesses and other companies.

Our family law team are able to clearly advise you on your entitlements and the likely outcome of a property settlement case if it proceeds to Court. We can also represent you through all stages of Court cases if that becomes necessary. We understand the emotional and commercial implications of dividing assets and will assist you in attempting to resolve the issue in a manner that you get the best outcome for your circumstances.

Property settlement and financial matters often can include negotiating and preparing a Binding Financial Agreement or Consent Orders, advising you on Estate Planning (including Power of Attorneys), or taking action to secure and preserve assets through injunctions prior to a final property settlement if required.

The amount of your financial and non-financial contributions, together with any future needs will determine what percentage of the family property you receive. Unfortunately, working out the proportions is not a quick or easy task. We can help you through this process and work with you to ensure you received an appropriate share. It is also very important to note that failure to provide full disclosure could delay settlement and give your partner the opportunity to have any formal agreement or Court orders overturned.

If an agreement can be reached in relation to the split of your property it is very important that you formalise your agreement either by entering into a Financial Agreement or Consent Orders. If you fail to properly finalise your agreement you may find yourself in a dispute down the track or have your partner attempting to seek further payments from you.

Most of the time parties are able to reach an agreement with the assistance of their lawyer however, in the event that a settlement cannot be achieved you can make an application to the Family Court to determine your matter.