Property & Financial Settlements
In family law, property settlement is a distinct process from divorce. You do not need to wait for a divorce order to begin dividing your assets; in fact, I recommend starting negotiations as soon as possible after separation to protect your financial position.
Expertise for Complex Assets
With a background in Accounting and a Master of Applied Law, I offer a high-level strategic advantage when identifying and valuing the pool of assets. Whether your matter involves the family home, investment portfolios, private companies, or complex trust structures, I provide the “real-world” financial oversight that larger firms often delegate to junior staff.
The Legal Framework: How Settlements are Decided
There is no “one-size-fits-all” formula. The Court considers several key factors for both married and de facto couples:
- Assets & Liabilities: Identifying everything owned solely or jointly.
- Financial Contributions: Direct payments and indirect contributions like inheritances or gifts.
- Non-Financial Contributions: Your role as a homemaker, parent, or through property improvements.
- Future Needs: Taking into account age, health, earning capacity, and the ongoing care of children.
Strict Time Limits
Time is of the essence in property matters. You must initiate a Court application within:
Married Couples: 12 months within the date your Divorce Order becomes final.
De Facto Couples: 24 months from the date of your separation.
Finalising Your Agreement
If you have reached an amicable agreement, it is vital to formalise it legally to prevent future claims. I specialise in drafting:
Consent Orders: A written agreement approved by the Court (without needing a court appearance).
Binding Financial Agreements: A private contract that “ousts” the jurisdiction of the Court. Note: Incorrect drafting can render these unenforceable years later; my expertise ensures these are robust and binding.
Dispute Resolution & Spousal Maintenance
If you cannot reach an agreement, I can guide you through Family Dispute Resolution or Round Table Conferences to settle outside of Court. Additionally, if you are unable to adequately support yourself, I can assist with applications for Spousal Maintenance to ensure your immediate financial security.
Bespoke strategy. Direct access. No double-handling.
Ensure your financial future is protected by a practitioner who understands both the law and the numbers.
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