Property Settlement
Navigating the division of property post separation can be complex and stressful. It is important that you seek legal advice tailored to your individual needs as early as possible to determine your entitlement and protect your assets. Many factors are considered when determining entitlement, including the value of the net asset pool, the contributions and future needs of each party and ensuring the agreement is just and equitable in the circumstances
We provide practical dispute resolution through negotiations to assist you to reach a favourable outcome as quickly and amicably as possible.
If agreement is not reached, we give you advice about court proceedings and act for you throughout the matter. This can be stressful and we will provide open communication and support you through the process.
An application for a division of property must be made within 12 months of divorce, or within 2 years of separation for a de facto relationship.
Consent Orders
We advise our clients to obtain orders, by consent, where possible. This involves negotiations to reach an agreement for the division of assets and liabilities. When agreement is reached, we draft the necessary documents to apply to the court for final orders. This protects both parties from a claim being made in the future.
Mediation
If agreement cannot be reached by negotiation, a mediation may assist. This is a process where an independent person, a mediator, speaks with both parties to guide them towards an agreement. We can represent you at a mediation, assisting you in communicating your position and negotiating. If agreement is reached, we can then prepare the necessary documents for consent orders.
Court Proceedings
Sometimes, agreement cannot be reached. This may be because there is a dispute that is not able to be resolved or because one party refuses to negotiate. While it is not the preferred option, it may be necessary. We are strong advocates for our clients in court proceedings and will put forward your case in a clear, precise and effective manner.
Financial Agreement
A Financial Agreement is a document which can be entered to formalise an agreement reached in relation to a property settlement. It is not a final order of the court and applications can be made to set aside Financial Agreements. It is important that Financial Agreements are carefully drafted and that you receive comprehensive advice before entering into such an agreement.