PROPERTY SETTLEMENT


Do you want to know where you stand in relation to your financial settlement?

We are property settlement lawyers, with offices on the Sunshine Coast and in North Brisbane.

The team at Chomley Family Law have decades of experience in family law property settlements and through our experience we have assisted thousands of clients throughout Australia in relation to:

1) What the division of assets should be (whether that be the family home, real estate, farming entities, companies, Trusts, superannuation, shares, or even household belongings).
2) Binding Financial Agreements.
3) Consent Orders.
4) Superannuation Splitting.
5) Finding hidden assets or having assets valued.
6) Negotiating an agreement whether it be simple or in difficult and complex family structures.

A property settlement can be complex and that is why it is important to get knowledge and empower yourself by speaking to an expert in family law, so you know your rights and entitlements before you begin your discussion about your divorce. Engagement of an experienced lawyer will strengthen your position.

When Can a property settlement happen?

It is very important that at the end of a relationship you obtain advise surrounding a property settlement, that is how your assets, liabilities and superannuation will be divided.

A property Settlement can happen any time following a separation.

You may ask what is fair and reasonable and how will I get what I am entitled to.  That is where we look at how to determine a property settlement.

How is Property Divided?

In a financial separation the Court will look at a 4-step process, that is:

1) Identify and Value all Assets, Liabilities and Superannuation of the parties.
2) Identify all contributions made by the parties – that can be financial contributions, non-financial contributions and role and parent homemaker.
3) Identify the future needs and consideration of the parties.
4) Look at the equity and fairness which is legal language is known as “Just and Equitable”.

This is a challenging task, and it is important you have a specialist experienced lawyer provide you with guidance to ensure you get the best outcome for you and your family to helping you to rebuild for a better tomorrow.

If I have reached an agreement what do I do?

There are only two ways under the Family Law Act to ensure financial separation. To protect your interest, and create financial certainty moving forward, you need to document the agreement through:

1) A Binding Financial Agreement; or
2) Consent Orders.

What happens if we cannot reach an agreement? or you simply cannot discuss your matter with your ex.

We negotiate daily for our family law client’s and are passionate about keeping our client’s out of court however we understand sometimes this is simply not possible for reasons beyond control. In events where informal negotiation is not possible, we will look at all methods such as mediation, arbitration and Collaborative law practices before looking at commencing court proceedings.

We will work with you to finalise your matter in a cost-effective manner.

Beware Time Limits do apply.

If you are planning on making an application for a property settlement this must occur within one year of a divorce and two years from the separation date of a de-facto couple.

Get in Touch with our friendly family law team and we can help you and provide you with knowledge on all things related to financial separation before you make a decision that could negatively impact on your financial future.

We are here to help you move forward and provide you with the best advice tailored to your family and their financial circumstances.

Free 30 minute initial consultation