Property Division
Division of property following the breakdown of either a marriage or De Facto relationship can be a daunting prospect. The assets, liabilities, and personal belongings the parties may have spent a lifetime growing together suddenly need to be dealt with and divided in a manner which is appropriate as against a variety of factors.
Auslaw Partners will help you plan how best to protect your financial future and divide marital property with a carefully crafted pre- or post-nuptial agreement. You can rest assured that our lawyers will ensure the division of your community property will be fair and leave your separate assets intact.
Auslaw Partners will assist you to work through the steps and advise you about your entitlement under the law. The court has the power to ultimately decide the division if you and your ex-partner cannot agree. This decision is at the discretion of the Magistrate and is based on the facts before the court. At Salerno Law we will explore all options to settle your matter by agreement. If agreed your property division can be recorded and finalised by way of Consent Orders or a Binding Financial Agreement. We will advise you about these options.
You and your ex-partner must exchange financial documents and this process is call disclosure. We can complete asset searches and navigate trust and company structures where further assets and financial resources may by uncovered.
It is important to know that there are time limitations on bringing your property matter before the court and our Family Lawyers at Salerno Law can advise you about these deadlines.
When you must divide your property or assets after a breakdown of a marriage or relationship, it is important to find a lawyer who specialises in property settlement issues. Our lawyers are highly experienced in dealing with these matters, which means you can trust them to find an optimal solution for you, help with binding documents and represent you at court. Their expertise extends to all family law issues, and they can provide full support while you are going through separation or divorce.
Our property settlement experts are excellent at communicating about legal matters in a clear and concise way so that you can fully understand the process and learn about your rights and obligations along the way. We provide help when you need it most and we offer comprehensive solutions including mediation and arbitration services so that you can reach an agreement before you turn to the family court.
Before attempting to negotiate property matters with your partner or spouse, it is important to obtain legal advice. When a relationship breaks down, assets and property division is vitally important to both parties financial future. The obligation of the Family Court is to divide assets, property and the financial resources of parties to the defacto relationship or marriage (including same-sex relationships) in a fair and equitable way.
The settlement of property can become extremely complex, while some cases are relatively straightforward. Auslaw Partners can offer realistic and practical advice on your rights and assist you to reach an amicable settlement as quickly as possible.
Here at Auslaw Partners, we strive to help you out whenever you need an honest opinion and realistic advice on property settlement issues. Our dedicated lawyers will take the time to analyse your situation and outline the best pathways to the resolution of your problems. Our goal is to help you reach the most desirable outcome, prevent future property-related problems, and find the most cost-effective way for you and your partner to make practical arrangements regarding the division of your property and assets. From providing professional advice to representing you at court, we are there every step of the way to defend your rights and protect your interests. We will take the stress out of negotiations with your partner and advise you on which steps to take. If you fail to reach an amicable agreement with your partner, we will find the best possible alternative solution.
Options to attain division of property include arbitration, negotiated settlements, mediation or court proceedings in cases where no agreement can be achieved. Our team can advise on which entitlements are likely to be deemed equitable in the event that a judicial determination is ordered. We focus on obtaining positive, efficient and cost-effective results.
To discuss your particular circumstances, or if you just need help sorting out how to split your property following your separation.
Our family lawyers have helped many people through their property settlement following a divorce or separation. We understand the nuances in simpler and more complex asset divisions and can help you understand the lens the court may apply to your individual circumstances. This will help you assess you situation and resolve the matter faster.
Whether you have a simple asset division or have family businesses and more complex assets structures we can provide the highest quality family law advice.
While most cases will generally involve the former matrimonial home and superannuation there are often scenario’s where there is much more that needs to be considered.
Auslaw Partners Lawyers is a full-service law firm and we have solicitors with expertise in commercial disputes, property disputes and leasing issues – in addition as well as family law matters. This nexus gives us a competitive advantage over purely family law firms as we can give you advice about all aspects of your case.
Assets that are considered in a divorce property settlement include property (your home and any investment properties), business interests, superannuation, investments, shares, motor vehicles, incomes and life insurance policies to name a few.
The courts consider a range of factors when determining the division of assets in a property settlement. These include the financial contribution made by either party before and during the marriage or de facto relationship, non-financial contributions such as homemaking and care of dependents, the future needs of spouses and the availability of new sources of financial support (such as assistance from parents or a new partner).
We draw on our in-house expertise in the area of property law and estate planning in helping to steer a satisfactory long-term outcome for our clients.
Our lawyers have considerable experience and expertise in negotiating property settlements including disputes involving complex company or trust arrangements.
While we see court as a last resort and will use our skills to guide you through a negotiated outcome, sometimes court may be the only option. Our lawyers are expert in collaboration, negotiation, mediation and litigation.
Disclaimer: the materials presented on this website are distributed by Auslaw Partners as an information source only. Auslaw Partners make no statements, representations, or warranties about the accuracy or completeness of, and you should not rely on, any information contained in this publication. Despite our best efforts, Auslaw Partners makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Auslaw Partners disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.
