Financial & Property Settlement Lawyers
Following separation, it is important to have a plan in place for your finances and properties in accordance with family law. A highly skilled financial & property settlement lawyer can help secure a worry free future.
The emotional strain and stress following the breakdown of a relationship means it can be difficult to focus on the bigger picture and the future. That is where we can help. Our highly skilled team of financial and property lawyers take a practical yet commercially minded approach to financial and property matters and are here to guide and help you reach a positive outcome.
An experienced team of family settlement lawyers
Intermingling of finances is natural in most de facto and marital relationships and can even occur in short-term relationships. No matter the nature of your relationship, call us today for a free consultation to explore your legal options.
Property settlement can be reached by agreement at any time after separation, however time limits do apply should you wish to apply to the Court for a property settlement order. For married couples, you have one year from the date that your divorce becomes effective. For de facto couples, you have two years from the date of final separation.
What is property settlement?
Property settlement is the process of dividing the assets and liabilities of the relationship in a just and equitable manner. Every family is unique and an equitable split of any assets will be dependant on a number of factors. Generally there are five steps involved in the property settlement process:
- Determine the assets and liabilities of the parties
- Consider whether it is ‘just and equitable’ to make an adjustment
- Assess the contribution that each party made to the relationship
- Assess the future needs of the parties
- Is the result just and equitable?
How can we help?
A property and financial settlement lawyer can provide advice to you regarding the above process, including:
- The value of the net asset pool (including completing any searches to locate or identify assets in your partner’s name);
- The value of the contributions made by both parties;
- The future needs of the family (including who will have care of any children);
- Any other relevant factors;
- Different options for structuring the division of the net asset pool between you and your ex-partner including whether there needs to be the sale of any assets, a cash payment to either of you or a split of superannuation;
- Providing advice about entitlements to property and financial settlement;
- Advising on disclosure information;
- Attending family dispute resolution or mediation and negotiating agreement about property and financial settlement;
- Preparing consent orders for property settlement;
- Preparing a Binding Financial Agreement;
- Preparing a Superannuation Agreement;
- Appearing at court for interim hearings and final hearings for property and financial matters;
- Appearing at special court hearings for property matters including injunctions, interim distributions and spousal support;
- Representation for enforcement Proceedings;
- Representation to set aside a Binding Financial Agreement;
- Appealing property and financial settlement orders.
Happy clients
Thank you for the lovely Big Hug box I received yesterday. It was a nice surprise. I have just had my 3rd round of chemotherapy this week. Thank you for your support and prayers. It means a lot.
NI
Thanks for all your help with everything. It’s such a crazy ride that I knew nothing of. Having your calm and patient approach was very helpful for me. If anyone needs a family lawyer I’ll be sure to recommend you.
DB
A sincere thank you Andrew for all your help. I deeply appreciate the help you and your team have given me. My only regret is that I didn’t enlist your help sooner.
CR
Thank You for the beautiful flowers that I received today. I so appreciate the prayers and care that I receive from you all at New Way. Again THANK YOU.
PB
My matter was a moral one rather than a legal one and I felt fully supported by New Way Lawyers throughout the entire process. I was never led to believe that we would be successful in achieving my desired outcome but I felt it was worth a small investment on my behalf to try. The letter written on my behalf was very persuasive and although we’d given it our best shot I fully expected our appeal to be rejected. Regardless of the outcome I was very grateful for the way my case was handled by New Way Lawyers. You can imagine my delight when I received advice that our appeal had been accepted. I’m very grateful for the assistance Phillipa, Joanne and your company have give me with this matter and I offer you my sincere thanks you for your help. I am very impressed with your business.
BR
Can I just say, you are absolutely the best lawyers I have ever known .. and I know a lot through my business. Your offering of support is above and beyond. So very proud to be working with you.