Family Law Property

Your settlement will involve the division of your assets, liabilities and superannuation so that you are no longer financially tied to your spouse. This must be documented legally by either a consent order filed in the Court or a Binding Financial Agreement.

When we work together, we will discuss both options with you and select the one that will better suit your needs. A handshake deal or an informal property settlement exposes you to significant risk of the other party commencing proceedings against you later. And there may be adverse tax and stamp duty consequences.

There is no one-size-fits-all approach because each matter has a unique set of facts. Your matter may be relatively easy to resolve ... or it may involve some complexity due to the existence of corporate and trust structures, business valuations, taxation issues, partnerships, self-managed superannuation funds or defined benefits superannuation schemes.

Property Settlement Agreements

This product is for you if you have reached an Agreement with your spouse and you need our assistance to document and formalise the terms of your agreement.

Property Settlement Negotiations

This product is for you if you need our assistance negotiating settlement terms with your spouse and/or their legal representatives. Our goal is to help you achieve a negotiated outcome and avoid financially destructive court proceedings.

We do not engage in back and forth correspondence. Our objective is to resolve your matter quickly. We plan your settlement destination at the beginning and execute the plan so you can move on with your life. As part of the process, you will be seeking answers to some of the following questions:

General questions:

• How does a property settlement work and what is the law?

• What is the best way to secure a property settlement in my favour?

• What am I entitled to in a property settlement, is it half?

• Do we have to have a property settlement?

• What assets are divided, valued and taken into account in a property settlement?

• Do we need orders drawn up for a property settlement?

• Are there any time limits or important things I should know about a property settlement?

• My ex refuses to discuss a property settlement, what can I do?

• I created substantial wealth during the relationship, do I get an adjustment in my favour for this?

• What documents do I need to disclose to my ex as part of the property settlement process?

• How is superannuation treated in a property settlement and how do I find my ex’s superannuation balance?

• My ex is very wealthy and smart, how do I make sure I get a fair settlement?

• We were only together for a short time and I had substantial assets before we met, do I get those assets back?

• I was in a long relationship with my ex but I had substantial assets before we met, do I get to keep those assets or be compensated for them?

• How do settlement entitlements change depending on whether our relationship was long or short and/or whether there are children involved?

• We have kept our assets and finances separate during our relationship, does my ex still have a claim?

• I looked after the children during the relationship and also worked, do I have a greater entitlement?

• I worked hard and earned most of the money to build our assets during our relationship, is my ex entitled to anything?

• We separated a long time ago, do I still have a claim for property settlement?

• If I pay for items after separation, can I be reimbursed or compensated by my ex?

• I have accumulated assets since separation which my ex has not contributed to, do they still have a claim against these assets?

• Does my de facto partner have a claim on my assets?

• Is mediation a good way to resolve a property settlement and how does it work?

• My ex is not well and we have separated, what should I do?

• My ex has passed away, am I entitled to anything?

• My ex is bankrupt, do I still have a claim for property settlement?

• My ex gambled substantial monies away during our marriage, how do I get compensated for this?

• My ex disposed of property and wasted money during our relationship, do I get compensated for this?

• My ex was violent towards me during the relationship, does this affect our property settlement?

• My ex has assets overseas, do I have a claim on them and how do I go about it?

• We lived overseas and have assets overseas, do I have a claim in Australia?

• What happens if my ex moves to another country?

Inheritances and loan questions:

• I inherited assets in our relationship, can my ex make a claim and what should I do?

• I inherited some assets just before my ex and I separated, can my ex make a claim and what should I do?

• I inherited some assets after separation, can my ex make a claim and what should I do?

• I received loans from my family during our relationship which I have not paid back, will the court take them into account?

Business-related questions:

• My finances are complicated, how do I go about finalising a property settlement?

• Our affairs are complex, how is everything valued?

• How is the business, including corporate and trust interests treated by the Family Court in a property settlement?

• How are corporate and trust interests valued by the Family Court?

• My ex has complex corporate and trust structures in place, am I entitled to anything?

• How do I protect the family business from my ex partner’s actions?

• Other members of my family are in our business, will they be affected by the property settlement with my ex?

• How can I get a fair settlement without harming my business?

• I am worried about business documents and guarantees I signed during our relationship, what do I do?

Property Settlement Court Disputes

This product is for you if you are required to file court proceedings because your spouse is:

• behaving badly, e.g. diminishing/disposing assets/not disclosing assets; and/or

• dragging their feet to delay a settlement.

Sometimes you must strike the first blow to reach a solution.

Our objective is always to resolve your matter quickly and cost-effectively. The purpose of this product (court proceedings) is to bring peace, not war. We seek this goal by:

• making the other side play fairly

• correcting power imbalances

• bringing your spouse to the negotiating table.

We then focus on achieving a just and equitable property settlement for you, either through negotiations or a mediation.