Property Settlement Lawyers
It’s rare to negotiate property settlements without legal aid, and for good reason.
If you and your ex-partner have separated or gone through a divorce, you will likely have to divide up any family assets such as:
- the matrimonial home
- superannuation
- motor vehicles
- investment properties
- furniture
When you are faced with a property settlement matters, choosing a property settlement lawyer to represent you is one of the most important choices you can make. The nitty-gritty details that factor into the division of assets post-separation are vast and complex.
To get the best possible result, you need a lawyer or firm with the knowledge, expertise, and dedication to fight for your rights. With our help, we can guarantee a smooth and fair-minded division of assets for both parties.
What is a property settlement?
A property settlement is a legal process of dividing assets between parties’ post-separation, usually between separated couples in a marriage or de facto relationship.
According to the Family Law Act, property refers to assets owned by either or both parties, even before the relationship in some cases.
Examples of property and assets that can be divided include:
- Personal assests like furniture and jewellery
- Real Estate
- Shares
- Superannuation
- Bank savings or funds
- Business interests or stakes in companies
- Interests in Trusts or Deceased Estates
- Motor Vehicles
What are you entitled to?
While a property settlement might appear as easy as a 50/50 split, it’s not always an even divide. Various factors determine what you’re entitled to, including:
- Financial issues
- Incomes
- Relationship length
- Contributions
- Any additional assets
- Inheritances
Because of these key considerations, it’s difficult to determine a just and equitable outcome even if the couple are splitting cordially.
From dividing major assets to determining the true ownership, property division can be an emotionally complex process. Hiring experienced property settlement lawyers can help you and your ex-spouse find the best outcome for both parties.
The Property Settlement Process
1. Determine the net property value
2. Identify contributions of either party to the property
3. Consider both parties needs and future finances
4. Decide whether the outcome is fair
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Property Settlement Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Negotiating with Opposing Lawyer
Arranging and Facilitating Mediation
Prepare and Negotiating Settlement Terms
Representing You in Court
Organising Settlement
Client Testimonials and Reviews
Frequently Asked Questions
What is a financial agreement?
A financial agreement is a document that outlines exactly how the property is to be divided between you and your ex-partner. A financial agreement can be made before, during or at the end of your relationship with your ex-partner.
A financial agreement doesn’t need to be filed with the court however you must obtain legal advice if you want to make and enter into a financial agreement with your ex-partner.
Can property settlement decisions be modified later?
Once a final order is made, it’s generally binding.
However, in specific exceptional circumstances, such as significant financial hardship or a considerable change in financial circumstances, revisions might be considered.
What if my former partner and I can't agree on property division?
If an agreement can’t be reached, you might consider mediation.
If that’s unsuccessful, the matter can be taken to court for a decision.
Is it mandatory to go to court for property settlement?
No, many couples reach an agreement outside of family court using mediation or direct negotiation.
Going to court is often a last resort when parties can’t agree.
What happens if one party doesn't adhere to the property settlement agreement?
If it’s a court order or a legally binding agreement, there are legal consequences for not complying.
The aggrieved party can seek enforcement through the court.
