Property Settlement Family Lawyers
Property Settlements in Family Law and Divorce Matters
If you and your ex-partner have separated or gone through a divorce, you will likely have to divide up any family assets such as:
– the matrimonial home
– motor vehicles
– investment properties
We genuinely understand that this process can be extremely painful, stressful and tedious. This is why our family lawyers take the time to listen, ask questions and explain the process with all our clients.
If you are going through the property settlement process, you will want the leading property settlement family lawyers in Sydney to be on your side.
We’ve been rated in the Top Three Best family law firms in Sydney for four consecutive years.
“Unified Lawyers rated top three best family lawyers in Sydney for 2017, 2018, 2019 and 2020.”Source: Threebestrated.com.au
What are you entitled to in a divorce or separation?
It can be quite stressful and at times complicated to work out how to divide your property after a relationship breakdown. Rest assured though that we are here to help you through this process.
After you go through the separation, it’s usually fair that all property owned is shared between you and your ex-partner. The way that the property is shared or split will all come down to both of your individual circumstances.
It usually won’t matter if the property is in one of your names or if you earn hardly any money or no money at all, you will generally still have rights to a share in the property. Also, it doesn’t matter whether you were both married or in a de facto relationship, you are still entitled to apply for a property settlement.
In order to determine how much or what percentage of the property pool you are entitled to, we will need to sit with you and listen carefully to your circumstances, ask you questions to understand the finer details of your situation and then provide you with our advice.
When it’s time to go separate ways, we are here for you
Our property settlement solution is simple to assist you to come to an amicable agreement with your ex-partner by avoiding having to go to Court.
We always encourage our clients to try their best to agree on arrangements for their property without going to court. Going to court can be very expensive and time consuming and that’s why it’s best to try and come to an agreement amicably with your ex-partner.
There are situations though whereby an amicable agreement cannot be reached between the parties. If you find yourself in this situation, there’s no need to stress. Our family lawyers all specialise solely in family law.
As experts in Family Law, Unified Lawyers has helped many people, just like Max, get a fair and honest result to move forward with their lives.
4 Steps to Property Settlement in Family Law
To help provide some basic guidance as to how the property and liabilities are divided between you and your ex-partner, you can refer to the four steps methodology that is usually adopted by the Family Court.
Step 1: Determine the value of all assets, liabilities and financial resources of you and your ex-partner. This is known as determining the asset pool.
Step 2: Determine the contributions made by you and your ex-partner.
Step 3: Determine the future needs of you and your ex-partner and identify any adjustments necessary based to the contributions made in Step 2.
Step 4: The final step is to consider the effect of the above to achieve an outcome that is just and equitable to both parties.
Free Consultations – Property Settlement Family Lawyers
We genuinely understand the frustration and stress that you might be going through right now. This is why we offer everyone a Free Consultation with one of our specialised family lawyers. This free consultation will help provide you with some initial guidance and comfort.
During your free consultation, our family lawyer will patiently listen to your matter, ask you questions to understand more about your circumstances, help answer your initial questions and then provide you with general advice for the steps moving forward.
Frequently Asked Questions
❓ What is a property settlement in family law?
In family law, a property settlement is final agreement made between parties that outlines the division of the assets and liabilities held by the parties after their marriage or de facto relationship has broken down.
A property settlement basically allows each party to split all their assets amongst themselves to allow them both to move forward with their lives.
👩⚖️ Do I have to go to Court to get a property settlement?
During a separation or divorce, a property settlement agreement can be made directly between the parties themselves or can be made with the court’s assistance.
🏠 What type of property can be included in a property settlement?
Property includes basically anything of value, such as:
• Houses, land, buildings
• Motor vehciles
🕗 Are there any time limits?
Yes there are time limits and this is why it is important to try and sort out all property settlement with your ex-partner as soon as possible after the separation.
If you were in a de facto relationship, you have 2 years from the date you separated with your ex-partner to prepare a property settlement.
If you were married, then you have 12 months from the time the divorce is finalised to make a property settlement.
If you do not apply within these time frames, you will need to apply to the court for an extension of time. It is important to note that the Court does not always grant this extension.
📜 What are consent orders?
Consent orders are a written agreement between you and your ex-partner that outline your agreement on a property settlement.
Once the Consent orders are agreed upon by you and your ex-partner, you will then need to file the Consent orders with the court for the court’s approval.
✍ What is a financial agreement?
A financial agreement is a document that outlines exactly how the property is to be divided between you and your ex-partner. A financial agreement can be made before, during or at the end of your relationship with your ex-partner.
A financial agreement doesn’t need to be filed with the court however you must obtain legal advice if you want to make and enter into a financial agreement with your ex-partner.
💰 Who pays for legal cost for property settlement matters?
In family law matters, the general rule is that each party has to pay their own legal costs regardless of the outcome. However, it is important to note that the Courts have the power to make an order for one party to pay the other party’s legal costs if the Court is satisfied that it is appropriate and just to do so.