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
I want to thank you for the way you have managed things for me. I came to you distressed and I found the right person to manage my case. I needed an educated and savvy lawyer with a calm disposition and that is what I got. Your ability to keep me calm but to still be able to strongly advocate for me has been exceptional. We have been largely successful in protecting the children and keeping them out of ‘grown up business’ and that is a huge relief. I think it was the last letter you wrote that shifted the dynamics. Thank you for being a kind and moral man who can assert the law so very well! I truly believe that you and the company you work for, are making a difference. I have had nothing but positive experiences, from my initial phone call, admin staff, students and you! I am regularly working with women in very difficult circumstances and I will not hesitate to refer to New Way Lawyers for legal advice and representation.
CS
Can you believe this day has finally arrived?! I couldn’t let it pass without thanking you sincerely Andrew for bringing this matter to an end, when at times it wasn’t going anywhere and I simply lost sight of the finish line.
GG
I very much appreciate the work that New Way did. Your firm was such a blessing to me at a really difficult time!
MT
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.
LG
I can’t thank you enough for your advice (and at such a reasonable cost)!
TG
I’m more than happy with New Way services. You are amazing in your emotional intelligence and professional skills. I’m recommending New Way.