Our experienced team of Family Lawyers will be able to
help you determine what the Court is most likely to consider Just and Equitable in your unique circumstances.
What Are The Legal Steps For Property Settlement After Divorce?
The partners previously in a marital or de-facto relationship can sign a legally enforceable agreement known as a Binding Financial Agreement (BFA)
detailing an agreed division of assets between the parties.
In most instances, the BFA will oust the involvement of the Court from your property settlement.
However, it is important to be aware that the Court has the power to declare that a BFA is void in limited circumstances.
Some of these are if the BFA was incorrectly drafted and signed,the BFA was signed under pressure or duress from the other party,
there is a significant change in circumstances, or
a party has not fulfilled their obligations under
the agreement. Identification and evaluation of the assets and obligations of the parties.
Assessment of the monetary and non-financial assistance
of the parties before, during and after the relationship.
The calculation of assistance can be problematic for cases involving substantial initial contributions, inheritances, reimbursements or gifts.
Evaluation of each parties’ future needs.
The Family court of Australia gives married couples
12 months from the date of divorce to apply for property settlement,
and de facto couples have 24 months from the date of separation. However, property settlement
can be started from the time of separation. Most of the family lawyers’ and solicitors recommend that initial
discussions take place outside the Court.
Conforming to the duty of disclosure, as far as possible.
It is better to appoint our Property Settlement Lawyers.
We can assist you in negotiating an agreement and assist you in your property settlement proceedings. |
