Navigating family law matters can be emotionally challenging and legally complex. If you’re facing a separation or divorce and want to achieve a fair property settlement, we can provide compassionate support and expert guidance. We focus on understanding your unique situation to achieve a timely resolution that helps you secure your future and allows you to move on with your life.
Property Settlements
Separation is hard enough without a drawn-out battle over dividing your property. We want you to get your financial life back on track as quickly as possible, so we will explore efficient ways to achieve a fair outcome while protecting your legal rights. We encourage negotiation and mediation to settle your property matter; practices that are generally more cost-effective than litigation. That said, if you need us in court, we’re not afraid of a legal contest and will work tirelessly to protect your rights and provide the best representation possible.
How is a Property Settlement Reached?
A property settlement involves the division of assets, liabilities, and financial resources between a separated couple. Negotiated agreements can be finalised through consent orders, which can be filed, approved, and made legally binding by the court. If an agreement cannot be reached, the court will need to decide.
No matter how a property settlement is determined, the following factors are relevant:
- All assets and liabilities held jointly or individually are considered. This includes the family home, investment properties, cash, shares and other investments, motor vehicles, and superannuation, as well as mortgages, loans, credit cards, and other debts.
- The financial and non-financial contributions made to the relationship by each party are relevant. Non-financial contributions include domestic contributions such as childcare, household duties, and providing emotional support.
- The current and future needs of each party are taken into consideration (i.e., each party’s age, state of health, and the care and housing needs of any children).
- In all circumstances, the outcome should be just and equitable.
Recent reforms provide that the economic effect of family violence (if relevant) must also now be considered by a court when making property orders. The impact of family violence might be relevant, for example, when assessing a party’s contributions to the property pool in circumstances where one party was prevented by the other from working.
Divorce
Ending a marriage is a significant step, and divorce is the legal finalisation of that relationship. We can guide you through the process of applying for a divorce, explaining the requirements for separation, and preparing the application and supporting documents.
How Do You Get a Divorce in Australia?
Australia has a no-fault divorce system, which means that the court does not need to consider the reasons or fault for the marriage ending. The only ground for obtaining a divorce is that the marriage has broken down and there is no reasonable likelihood of the couple resuming married life.
You will need to show the court that you and your spouse have been separated for at least 12 months. If there are children involved, the court must be satisfied that proper arrangements have been made for them.
The application and supporting documentation are filed with the Federal Circuit and Family Court of Australia. You may not need to attend court to have the divorce granted.
De Facto Relationships
Many people are unaware that de facto couples have similar rights and obligations to married couples when their relationship ends. If you were in a de facto relationship and are now separating, you may be entitled to a property settlement. We can help you understand your rights and navigate the legal process to ensure a fair outcome.
How Can We Help with Your Family Law Matter?
We are a local firm with a deep commitment to serving the Southern Highlands and Inner West communities. We provide clear, compassionate, and effective legal guidance to help you find a new path forward. If you are looking for a reliable and experienced family law firm, contact Palmer Legal to arrange a confidential discussion.
Email [email protected] or call 02 4869 1392.
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