Property Settlement Lawyers
Navigating Property Settlements in Family Law
When couples separate—whether married or in a de facto relationship—the division of property is governed by the Family Law Act 1975, alongside relevant court rules and Practice Directions. These laws set out the process for adjusting property interests and determining property rights.
A thorough assessment of all assets is crucial in any property settlement. The process involves both legal and practical steps, including full financial disclosure by both parties, exchanging documents, and filing necessary paperwork with the court.
In some cases, property settlements can be straightforward and resolved amicably, keeping costs low. However, many settlements have become increasingly complex due to factors such as:
- The rise of cryptocurrency and digital assets
- Diversified investments and business holdings
- Capital gains tax implications
- Credit and bankruptcy considerations
- Superannuation entitlements
Speak with an experienced property settlement lawyer
Why Getting It Right Matters
Once property settlement orders are made, they are difficult to change, making it essential to handle the process correctly the first time. Legal costs also play a role, as they impact the final division of assets, reducing the settlement pool available.
The court considers both financial and non-financial contributions, including income, investments, homemaking, and child-rearing responsibilities. These contributions can be complex to quantify, and ultimately, the court’s primary focus is a just and equitable division of assets.
Other factors that influence property settlements include:
- The length of the marriage or relationship
- The financial position of each party at the start of the relationship
- Contributions made during the relationship
- The presence of family violence, which may affect contributions, spousal maintenance, and parenting orders
Contact Us for Confidential Legal Support
Every family law matter is unique, and the best outcomes are achieved through careful planning and expert guidance. Before making any decisions regarding your financial separation, speak with our experienced property settlement lawyers who can help you navigate both the legal and practical aspects of your case.