Minors Family Law are committed to helping our clients secure potential entitlements when it comes to the division of assets and property settlement related claims.
In the event that a relationship ceases to continue and both parties have separated, our team will assist you and your spouse on reaching a divorce financial settlement.
Financial settlements under family law can relate to aspects such as:
- Division of assets and property
- Division of liabilities
- Spouse maintenance and obligatory payments
- Child support related responsibilities and payments
- Superannuation and other financial orders.
We evaluate you and your spouse’s situation individually as the nature of each family law property settlement case varies. Our expert divorce lawyers can then offer advice and representation regarding how to proceed to achieve the best possible result.
There is a four-stage process that’s involved concerning divorce property settlement matters. This being:
- The true value of the assets held by both parties must be determined.
- Contributions to the relationship must be assessed, including both financial and other significant contributions during the partnership.
- The consideration of future aspects following the discontinued relationship and how it may affect both spouses and dependent children.
- The division of the assets must be equitable and decided upon as fairly as possible given the circumstances.
It’s common for spouses to believe that property entitlements will result in an even 50% split of all jointly owned assets. However, this is generally just a misconception as no such law exists that blatantly states this, and should never be assumed that this will be the outcome for your particular case.
Also, regardless of the conditions in an agreement or the method in which they were achieved, the court must be satisfied that the entitlements awarded to each party are fair and just, minimising the chance for future disputes to arise.
A divorce property settlement can begin at any time following separation if the couple is married.
In the event the couple are already divorced, the party must submit the application for orders within 12 months of the divorce being finalised – bear in mind that this is a separate court process.
Anyone wishing to apply for division of assets orders is advised to do so immediately after their divorce becomes final or as soon as possible ensuring a simpler application process occurs.
We’re a firm that gets results. In addition to being a fully qualified family law solicitor, we’re also a professional mediation service. We’ll represent you and your family while applying skills sets and technique from other law areas like mediation assisting you with a fair as possible division of assets.
Contact us today to speak with a knowledgeable and experience divorce lawyer regarding your property settlement matters.