property
Division of Property
The critical questions pertaining to the division of the matrimonial assets commence by identifying all the assets, liabilities and financial resources of each party; assessing all of the contributions by each party under section 79(4) of the Family Law Act 1975 [FLA]; evaluating the future need of each party under section 79(4) and section 75(2); and ensuring that the Court is satisfied that any Orders are just and equitable.
If both parties amicably separate, then Consent Orders or Binding Financial Agreements can be enforced. Part VIII of the FLA lists the relevant legislation governing settlements and the factors taken into account. An understanding of the various adjustment factors listed under section 79(4) and section 75(2) of the FLA are imperative to each case. We can advise you as they apply to your circumstances, based on our experience of the Court's treatment of these factors .
Unequal contributions, trusts, corporate structures, superannuation, gifts, inheritances, non financial contributions and debts are problems areas typically arising in property settlements. Your case will proceed through various stages ranging from negotiations both in and out of court. If these options have been explored and exhausted without settlement, then a hearing takes place as a last resort. Apart from your children the greatest disputes occur over what each party deem to be a fair division of property.
It is regretful but typical that a former partner is being unreasonable. In reality, we are aware that motives such as revenge, spite, insecurity, breakdown of trust and greed are the most common causes for irrational behaviour. We understand that irrational behaviour negatively affects the conduct of the your case. We attempt to circumvent a former partners acts designed to undermine your entitlements. We present your case in a positive and professional manner appealing to the rational application of the law and the discretion of the Judge.
Related reading
FAQ's
De Facto
The Property Relationships Act 1984 (former De Facto Relationships Act) assigns rights to de facto partners and people in close personal relationships.
Divorce - Decree Nisi
Divorce is the formal nullification of the marriage and the subsequent issue of a Decree Nisi.
Superannuation
Since 28 December 2002, superannuation is regarded as property and therefore is an asset that needs to be distributed between parties.
Pre Nuptials
This increasingly sought after agreement is fraught with uncertainty. We can show you how to safeguard your present assets into the future.
Consent Orders
This is our preferred method of settlement and it ensures the Family Court vets the terms of the Consent Orders and approves them.
Binding Financial Agreements
Parties can avoid Court and enter into private financial agreements that are binding. Vital to these agreements is the need to ensure remedies are available.
Why choose our firm
You can trust our information and advice. We are competent experienced lawyers who charge reasonable fees in achieving the outcomes you want.
Our fees
We provide flexibility and transparency in our fees. We offer our clients hourly rates or fixed fees and provide you value for money.