When a marriage or defacto relationship comes to a close, property, financial resources and assets will need to be divided. A property settlement will include more than property and your cash. It will also extend to shares, cars, assets, investments, crypto and superannuation.
In many cases, one or both parties will have assets that they acquired before and/or after the duration of the relationship. The direct and indirect financial contributions towards the relationship made by each party may be different. Non financial contributions will be taken into account as well.
Movement Legal will give you clear, independent legal advice on your property settlement, and will work to ensure you receive the best outcome achievable.
At Movement Legal, our experienced family lawyers are committed to helping you reach the best possible outcome in a family law property settlement. We understand that going through a family court property settlement amidst a relationship breakdown can be stressful and emotional, which is why we provide you with compassionate, practical, and effective legal advice and representation every step of the way.
Our team of family lawyers has extensive experience in all aspects of property settlement and family dispute resolution including identifying and valuing assets, negotiating settlements, and representing clients in court.
A property settlement can be worked out either independently by the couple, or via the Court in the event they cannot.
Where the couple can come to their own arrangement on a property settlement, they can have their lawyers draft the agreement, and submit that to the court. Those become legally binding consent orders.
If they are unable to reach agreement, either member of the couple can apply to the court for a property settlement.
In Australian family law, property involves all items that were owned or shared by the couple, including:
The court will follow a 4 part process:
You will need to bring an application for property settlement to the Court within 12 months after having been divorced.
With defacto relationships the time limit is 24 months after separation.
To initiate the process, reach out to us either through our contact form or by giving us a call. Our team is approachable and always ready to assist you. We commit to responding to your inquiry within one hour during our business hours.
Following this, we'll schedule a brief 5 to 20-minute conversation with you to better comprehend your circumstances, your objectives, and how we can potentially aid you. If we determine that we can assist you, we'll schedule an initial consultation and then proceed with your case. Before commencing, we'll guide you through the process and set expectations to ensure that we are aligned and can work together effectively to achieve the best possible outcome for you.
During our initial call, we will inquire about three key areas: assets, the nature of the relationship, and children, in addition to discussing your desired outcomes for settling your matter.
This information will enable your lawyer to gain a comprehensive understanding of your situation and provide you with strategic legal advice and a recommended course of action.
At Movement Legal, we highly value effective communication. We will keep you informed as your case progresses through various stages and will promptly respond to any emails or calls you send our way.
When it comes to property settlements, debts 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, you will need to work out who is going to pay off what debts.
It's important to note that the law relating to property settlements now applies to both married and de facto couples who separate. This means that if you are in a de facto relationship and separate after 1 March 2009, you have the same legal rights and entitlements as a married couple when it comes to property settlement.
If you are going through a separation or divorce, you may be wondering whether you need legal advice when it comes to the division of property. The short answer is yes — seeking legal advice is essential to ensuring that your rights and interests are protected throughout the process.
Under Family Law in Australia, the division of property after separation is a complex and often contentious issue. Even if you and your former partner are able to reach an agreement on the division of property, it is still recommended that you seek expert advice to ensure that the agreement is fair and legally binding.
If you are unable to reach an agreement with your former partner, court proceedings may be necessary to determine the division of property. In this case, seeking legal advice is even more important, as the court process can be complex and stressful.
At Movement Legal, our experienced family lawyers can provide you with expert legal advice and support throughout the property settlement process. We will work closely with you to ensure that your rights and interests are protected, whether you are negotiating a settlement or involved in court proceedings.
The court will follow a 4 part process:
For example, if one partner has worked full time while the other has cared for the children, both contributions will be considered. The court recognises that non-financial contributions, such as caring for the children and maintaining the household, are just as valuable as direct financial contributions.
In a property settlement, the court will take into account the future needs of both parties. These needs may include age, health, and earning capacity after separation, as well as the needs involved in caring for children after separation.
Our lawyers are family law specialists, and deal with these and related legal issues daily.
We can help you with any aspect of family law - including advice around divorce and separation, child custody, property and financial arrangements, financial agreements, and more.
We will come back to you promptly with clear directions as to how we can help you and your matter. We prioritise communication with our clients to bring maximum efficiency into play.
We provide our clients with certainty and transparency on our legal fees. Wherever we can, we will quote you a fixed fee, rather than charging you by the hour.