Property Settlement Packages
Movement Legal streamlines your separation and property settlement process with our dedicated team of online lawyers. We make it simpler, faster, and tailored to your needs.
What is a Property Settlement?
When a marriage or defacto relationship ends, the couple's property, financial resources and assets will need to be divided.
A property settlement will include more than property and bank balances. It will also extend to shares, cars, assets, investments, cryptocurrency and superannuation.
The Property Settlement Process
Step 1
Define All Assets
After assigning you to one of our lawyers, we will prepare your balance sheet and asset pool table. Financial disclosure from both parties will be required.
Step 2
Model Options
Our lawyers will workshop different outcomes and entitlements with you.
Step 3
Come to Agreement
We present offers, negotiate, and/or mediate on your behalf. We'll consider objections and potential solutions.
Step 4
Legal Finalisation
Our lawyers will formalise the agreed terms, either through Agreement or Consent Orders.
Our Property Settlement Package
We know that dealing with separation and divorce is emotionally draining. Our primary focus is empowering you while alleviating unnecessary drama. Throughout the process, your best interests remain our top priority.
We operate as an online law firm, and work on a fixed-fee basis.
This not a DIY solution. We are a law firm, and our lawyers will work closely with you every step of the way.
Our service is primarily designed for those who are relatively amicable - close to basic agreement over how they wish to separate their affairs now that they have decided to move on from their relationship.
Some things to know about
Property Settlements
How assets and liabilities get divided
This involves a comprehensive assessment of financial assets, and debts acquired during the relationship. This then takes in financial and non-financial contributions and future needs. Legal professionals play a crucial role in guiding individuals through this process, to ensure a fair resolution that is legally enforceable and takes into account the unique circumstances of each party.
How "Property" is viewed in the separation process
In Australian family law, property involves all items that were owned or shared by the couple, including bank balances, house, investment properties, cars, investments, shares or trusts you are part of, gifts or inheritances received, superannuation, loans or credit card debts.
When the property settlement can be commenced
The property settlement process can be commenced once you are separated (even if you remain living in the same house). You do not need to be divorced. There are time limitations - for defacto couples 24 months after separation, and for married couples 12 months after divorce.
Deciding on the actual division of property and assets
Dividing assets is not necessarily done rigidly through a percentage-based allocation for each asset. We will work with you to consider different models of division of the asset pool. As needed, negotiations or mediation can help arrive at a personalised and creative approach, giving flexibility to consider the unique aspects of your individual circumstances and future plans.
The Benefits of using Movement Legal
Keeping you out of Court
Save stress, time, and expense.
Using the Courts as a forum to manage your Separation should only ever be a last resort. The Courts are slow, massively backlogged, and the Court’s adversarial nature is not necessary for couples who not in a high-conflict situation.
Fast
Our approach has an average 6 week turnaround time.
Online Legals
No need to come in to the office. The team is available online and across Australia.
Transparent Pricing
Our fees are transparent, and we provide fixed fees on many of our services.
Holistic Approach
An end-to-end solution that includes estate planning, wills, conveyancing, mediation, divorce applications (as needed).
Transforming the separation process
Our team blends comprehensive legal expertise with technology to make the separation process more affordable and personalised.
FAQs
Frequently Asked Questions
Unsure about how we operate, or with aspects of the separation process? We've compiled a list of commonly asked questions and provided answers for your ease of reference.
How is the property settlement process worked out?
Generally the 4 steps below will be our guide in determing how assets will be divided:
- Identify the property pool: Determine all assets, liabilities, and superannuation of the couple.
- Assess contributions: Consider both financial and non-financial contributions made during the relationship.
- Evaluate future needs: Account for the varying financial needs and obligations of each party post-separation.
- Determine a fair settlement: Weigh contributions, the property pool, and future needs to achieve a just and equitable outcome reflecting individual circumstances.
What happens to debt in a property settlement?
Debts (or liabilities) are also considered as part of the asset pool. It doesn't matter whether the debts are in joint names or separate names; they still need to be taken into account.
As part of the property settlement process, we will need to work out who is going to pay off any debts.
Can I switch to Movement Legal if I am using another lawyer?
If you are currently having your separation handled by a different law firm, and would prefer Movement Legal to manage your situation, then we can request that firm to provide us with your file. There's noo need for you to have that awkward conversation.
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