It is important that you obtain information and advice about your rights and obligations for property settlement, as soon as possible either prior to separation or soon after.
Property settlement is the distribution of assets and liabilities between two parties, which also includes superannuation splitting if applicable.
It is recommended that property settlement is considered prior to filing an application for divorce.
We can assist with providing you with initial advice to help you negotiate a property settlement at mediation.
If you or your partner have reached an agreement we can prepare the necessary documents to ensure that you have a final and binding settlement.
If you and your partner rely on an informal or verbal agreement between yourselves there could be serious consequences in the future as either party could look at setting that informal agreement aside and in effect they could seek to take another ‘bite’ at property settlement.
It is therefore essential to seek legal advice about any agreement reached and formalising such agreement either by way of Consent Orders or a Binding Financial Agreement.
Our aim is to help you resolve your matter without going to court in a timely and cost effective manner.
If there is a necessity to issue proceedings we have extensive court family law experience and expertise to fight on your behalf and ensure that you get your legal entitlements.
Once your divorce becomes finalised you have a twelve month time limit to issue proceedings for property settlement.