Property Settlement Lawyers After Divorce Or Separation

A family law property settlement includes more than just your bank account and your house, it also includes any investments, shares, your business, or any superannuation that is held by you.

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Property Settlement Lawyers After Divorce Or Separation


Anything you owe money on, or any debts you may have, must be handled by a property settlement.

This could include any debts you have with your bank, mortgage debts, credit card debts, or any finance you have on a car.

All assets and debts owned by you and your former partner need to be discussed and dealt with if you are to have a successful property settlement.

Failing to mention certain assets by either partner may result in the property settlement being thrown away by the courts meaning that you’ve just wasted a lot of time and effort for nothing.

During your relationship, you acquire assets such as your family home, investment properties, cars, bank accounts and superannuation.

Once you separate, you need to come to an agreement as to how the assets and debts are to be divided fairly. This is all covered in your property settlement.

Good property settlement lawyers will be able to tell you how much you should receive from your divorce or separation.

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Negotiating a property settlement

You should first engage your property settlement lawyers to assist you in negotiating a property settlement with your ex.

They will try and provide evidence as to why you are requesting a certain percentage of the asset pool. This is normally meant to convince your ex-partner to settle the matter, rather than go through the expense of going to court.

The best property settlement lawyers will attempt to keep a matter out of court, and only file in court as a last result.

If you cannot come to an agreement, the Federal Circuit Court is the appropriate venue to file any proceedings in relation to property settlements.

There is no matter too large or too small for the court to hear.

You must ensure that you follow the strict time limits if you want to file an application for property settlement.

If you are married, you have 12 months after a divorce order has been issued.

If you are in a de facto relationship, then you must make an application within 2 years of the end of the relationship.

When you have not filed within these times, the court may grant you permission to apply out of time.

You should speak to your property settlement lawyers about this because this requires a case-by-case analysis.

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How Much Will I Get From My Property Settlement?

When you separate, you will want to understand how much you will receive from your divorce property settlement.

Under the Family Law Act, the Courts can make changes to parties’ property interests if they think it is just and equitable to do so.

When making this order, the Courts need to consider the financial and non-financial contributions made by each party to the assets and liabilities.

They also need to ensure that the welfare of the family is secure, and any children of the relationship are taken care of.

This is what makes a divorce property settlement difficult.

Speak to our divorce lawyers today to get an understanding as to how much you will get from a property settlement.

We have divorce lawyers located across Australia:

Divorce Lawyers Sydney
Divorce Lawyers Dandenong
Divorce Lawyers Melbourne
Divorce Lawyers Ipswich

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REVIEWS

Star-reviews (1)
Justice family Lawyers are a professional and very knowledgeable law firm with a great understanding of family law, my particular case was very difficult as both sides had completely different… read more
Tim Masters
05/11/23
I had the privilege of working with Justice Family Lawyers for my family law case, and I couldn’t be more satisfied with the service and consultation I received. Monique Alexander… read more
A Google User
03/11/23
Awesome very helpful
Steve
03/11/23
Ananya Singh was fantastic, she handled my case in great time was very professional in her approach to all matters and very easy to talk to when discussing my case…. read more
Tristan Lock
27/10/23
Great service
Bradley Chesworth
20/10/23
Although this firm was in Sydney, they still took the time to assist with my questions and even gave me their partnered firms in the QLD area. I would highly… read more
Stephanie Williams
07/10/23