Property and Financial Settlements
Finances can be a bit of a mess following a divorce or separation, which is why we recommend that you get legal advice and guidance wherever possible to make things less stressful. Our team of family and property lawyers can guide you through discussions with your former partner and help you reach an agreement about a financial settlement.
Our specialist team can assist with the complete suite of financial matters including:
The family home
Investment properties and shareholdings
Trust, company and partnership structures
Rural and farming properties
Superannuation and Self Managed Superannuation Funds (SMSF)
Debt – personal, investment or business
We understand that some separations can be quite contentious, so if you’d rather not have direct discussions with your partner, we can negotiate with your partner or their lawyer on your behalf.
Our team works hard to resolve all matters by agreement wherever possible. This minimises the cost to you (both financially and emotionally) and often gives you more control over the outcome. We will always offer practical guidance for your particular situation, giving you reasonable and realistic expectations.
Once an agreement is reached, we will prepare the documents needed to finalise the property settlement so that you’re protected from unforeseen liabilities or further claims from your partner in the future.
Unfortunately, it’s not always possible, or appropriate, to reach agreements in this way due to a partner taking an unrealistic position, refusing to negotiate, or threatening to destroy or dispose of assets. In these circumstances, Family Court proceedings may be necessary.
Property Settlement Process
After a divorce, you can settle your property at any moment. For married couples, however, the deadline to file an application with the court expires 12 months after the divorce order is issued.
If you want to make an application to the court for a de facto property settlement, you must do it within two years after the termination of your relationship.
Applying for a Property Settlement
You must make full financial disclosure to each other and make reasonable steps to resolve your dispute before filing an application with the Court. If you are unable to do so, you may make an application to the Federal Circuit Court of Australia or the Family Court of Australia (depending upon the complexity of the matters).
You can fill out the application yourself or have it done by a property settlement lawyer. Before filing your application, you should seek legal advice on your rights and obligations if you want to represent yourself.
Our team has the skills and experience to represent you in the Family Court. We are strong advocates and will not shy away from achieving your best outcome.