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Services
01. Family Law
Property Settlement
Most separations involve the question of how the property and assets of the parties should be divided between them. The division of property and assets between spouses can lead to dispute involving a complex and lengthy family law process to resolve.
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A property settlement is an arrangement made between parties to divide assets, liabilities and financial resources when parties separate and can be made informally by Consent Orders or a Binding Financial Agreement. Otherwise, a property settlement can be determined by the Court as Final Orders.
Critical to every property settlement, whether it is being negotiated outside of Court or determined by a Judge, is getting the right legal advice.
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We provide you with quality legal advice tailored to your situation and assist you to achieve a just and equitable outcome for your property settlement at an affordable cost.
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Wherever possible we will assist you to negotiate a property settlement that can be recorded and implemented resulting in significant savings in legal costs and time for you. If you do need to go to court to settle your property dispute we will assist you to achieve an outcome that is just and equitable, at the earliest point possible during the court process to save you as much in legal costs and time as possible.
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Consent Orders
If both parties are able to reach an agreement as to the division of property and assets, that agreement can be documented and formalised as Consent Orders.
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Consent Orders can be filed in the Federal Circuit and Family Court of Australia without the parties needing to physically attend. The Court will assess the Consent Orders. Providing the Consent Orders reflect a just and equitable division of net assets of the parties the Court will approve and issue the Consent Orders. The assessment of the Court is based on the financial and non-financial contributions of each party, taking the future needs of each party into consideration.
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Consent Orders are enforceable by the Court and penalties may apply if any of the terms are breached. It is important to seek legal advice if you are considering entering into Consent Orders.
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Contact us to assist you to file an Application for Consent Orders.
Binding Financial Agreements (BFA)
If both parties are able to reach an agreement as to the division of property and assets, that agreement can be documented as a Binding Financial Agreement between the parties.
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Binding Financial Agreements are binding upon being signed by each of the parties provided that formal requirements specified in the Family Law Act 1975 have been complied with, requiring each party to receive independent legal advice from a lawyer before signing.
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The means by which a Binding Financial Agreement can be enforced or set aside differs in comparison to a Consent Order.
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It is important to seek legal advice if you are considering entering into a Binding Financial Agreement.
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Contact us to assist you with a Binding Financial Agreement.
Final Orders
Application for Property Orders
If an agreement cannot be directly reached between the parties, a Judge will determine how the property and assets of the relationship are to be divided as Final Orders in the Federal Circuit and Family Court of Australia.
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A Judge will only hear an Application for Property Orders if compulsory pre-action procedures requiring genuine steps to have been taken to resolve the dispute out of Court have been complied with.
Responding to an Application for Property Orders
If you have been served with an Application for Property Order the Applicant has been able to file the Application in the Federal Circuit and Family Court due to the Applicant having: