Most separated couples need to arrange a property and financial settlement after their relationship ends. This settlement determines how assets, liabilities, superannuation, and financial resources will be divided.
Obtaining early advice from an experienced family lawyer and ensuring a legally documented property settlement are crucial steps in the process.
It is important to seek guidance from a family law specialist as soon as possible to protect your interests and ensure a fair resolution. Having a legally documented property settlement provides clarity and helps safeguard your rights and assets during and after the separation.
Property and financial settlement laws can be complex, and the outcome varies based on each couple’s relationship history and future needs.
At Orbell Family Lawyers, we understand that each family’s circumstances are unique.
We pride ourselves on ‘thinking outside the box’ and providing strategic advice on property settlement entitlements. We strive to achieve negotiated outcomes to avoid court proceedings whenever possible. However, if court action becomes necessary, we are known for our expertise and strong advocacy in court.
In Australia, property division follows a four-step process: identifying and valuing assets and liabilities, assessing the financial and non-financial contributions of each party, considering future needs, and determining a fair and equitable division based on these factors.
The Court considers various factors, including the financial and non-financial contributions of each party, future needs (such as income, age, health, and care responsibilities), and the overall justice and equity of the proposed settlement.
Yes, it is possible to reach a property settlement through negotiation, mediation, or alternative dispute resolution methods. Going to Court should generally be seen as a last resort when all other avenues have been exhausted.
No, a 50/50 split is not automatic or guaranteed. The Court aims to achieve a just and equitable outcome based on the individual circumstances of each case. The division may not always be equal but should be fair in light of the specific factors involved.
Yes, a property settlement can be negotiated and formalized before or after obtaining a divorce. It is generally advisable to seek legal advice and formalize the settlement in a legally binding agreement or Consent Orders approved by the Court.
Arrange your complimentary call with our experienced family lawyers to explore how we can assist you. Navigating with empathy and expertise, we listen, understand, and guide you towards a resolution.
We will help guide you through the process, so that you can begin the next chapter in your life.
Our award-winning team stands ready to guide you through the legal process and support you every step of the way.
Our award-winning team stands ready to guide you through the legal process and support you every step of the way.
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