Family Law

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Property Division & Settlement

Negotiating a fair property settlement following divorce or de facto relationship breakdown can be very complex. Our family lawyers have specialist expertise in this area and are skilled in helping you safeguard your interests.

Where possible, we seek to negotiate a satisfactory property settlement without the expense and complication of litigation. If litigation is unavoidable – or if it is the best option to help you secure a favourable outcome – our divorce team is highly skilled in representing your interests and conducting your case.

We also have a particular understanding of small business. This enables us to deal with cases where businesses, trust structures and corporations are involved. We also have strong links with relevant experts such as valuers and forensic accountants who can assist in preparing your case.

Other assets that are considered in a divorce property settlement can include property (your home and any investment properties), 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 care of dependents, the future needs of dependents and the availability of new sources of financial support (such as assistance from parents or a new partner).

We can also 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.

Frequently Asked Questions

We have agreed – do we have to go to Court?

No, two pathways are available, neither of which requires attending Court:

  • A Binding Financial Agreement setting out the deal; or
  • A “Consent Order” lodged at Court but which does not require Court attendance.
Isn't it 50/50? Why do I need a lawyer?

50/50 rarely applies – if you have no children, both spouses are the same age, have the same salary and started the relationship with exactly the same amount and are both healthy – just maybe, 50/50 might be correct – otherwise hardly ever.

 

He didn't contribute to my super, it's mine isn't it?

Probably untrue. To determine what is fair we consider homemaking and parenting contributions as well as economic ones. If one spouse was working and the other at home, the super isn’t ‘hers’ or ‘his’, the stay at home dad will qualify for some of the super. It’s “our” super.

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