Dealing with the complexities of a property settlement is stressful but the consequences of not doing it properly can be serious. After going through a separation, parties are often emotional from the relationship breakdown, and it is difficult for them to decide on how to split their assets and liabilities. During this time, parties may also be more focused on helping their children through such a rough time.
It is vital to speak to a lawyer who can provide legal advice at this stage. We can ascertain the assets and liabilities of the relationship, can obtain information from you about your contributions throughout the relationship and can provide you with tailored legal advice based on your circumstances. If the parties have not yet attempted mediation, we would organise for mediation to take place (unless your matter is not suitable for mediation in cases where there are allegations of family violence or there is a risk of family violence).
As experienced negotiators, we will endeavour to achieve the best possible outcome for you. We have dealt with a number of complex family law matters involving both small and large asset pools and have successfully settled a wide range of matters at mediation saving our clients time, money and stress. If you have come to an amicable agreement as to how to split the property between you through negotiation or at mediation, we can assist by drawing up the necessary documents to formalise the agreement whether that be by drawing up a Financial Agreement or Consent Orders. If you have not been able to reach an agreement and need to make an application to the Court, we will assist with drafting and filing of an Initiating Application, Financial Statement, Affidavit/s and all other necessary court documents.
Identify and value all assets and liabilities: Making findings as to identity and value of the parties’ property, liabilities and financial resources. Property includes for example real estate, shares, cars, savings, furniture, and superannuation. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Weighing up the contributions from both parties, including financial contributions, non-financial contributions, inheritances and assets brought into the relationship.
Looking at the future needs of both parties, including factors such as age, health, capacity to earn money and your parental responsibilities.
Assessing whether the division is just and equitable. Does the conclusion achieve justice between the parties?
We are able to provide legal advice and court representation and assist with the finalisation of your financial property settlement. Every case presents with a different set of facts and circumstances. Contact us to obtain more detailed advice about your specific case.
