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Every couple needs a formal agreement to divide assets, liabilities and financial resources between parties from a former relationship. We guide and counsel you to financially settle with tailored solutions and fixed price services.
If you are separated or just thinking of getting separated, we advise you to obtain advice on how to navigate your next steps, understand your rights and obligations and enter into an agreement to divide your assets and liabilities with confidence.
Like a stitch in time, it is helpful to speak to an experienced separation lawyer before things get worse. We can help whether you want to prepare for a mediation, a difficult conversation with your spouse or simply for us to review a draft agreement with an ex-spouse.
Let us help you today.
I just wished if I could have started my journey with Joshua, things
would have been a [lot] less painful.
... stop wasting your valuable time and money with other Law firms.
~ direct quote from another satisfied client.
Feel unsure about your next steps?
DG Family Law will assist you to finalise your property settlement without delay, hidden costs or complicated language. You can rest assured that we have dealt with many complicated and difficult property matters, including negotiating investment properties, loans from parents, businesses and family trusts.
Do I need an Agreement?
A formal agreement gives you peace of mind that the proposed property division will be made on a final basis, especially with advice from a family law firm family law solicitor.
If you have not or are not able to obtain a final property division, you will need to mediate or otherwise seek to negotiate such an agreement with the assistance of a family law solicitor.
If you have already obtained an agreement, then a formalised agreement reduces the need for negotiating with lawyers and the potential to review, challenge or set aside the agreement in the future.
Finally, a negotiated divorce property settlement will avoid delays in obtaining a settlement (with the associated costs) via litigation in a Court application.
Can we do Mediation?
The family law process is designed to encourage parties to mediate together and enter into negotiated settlements.
If both parties are willing to negotiate and make compromises, you may be able to detemrine a family law property settlement simply via mediaiton.
If you are unable to negotiate with the other side, you will need to engage with a FDRS mediation service and obtain a s60i Certificate before you proceed to file a Court application.
Whether or not you have filed a Court application, you may engage in a sit-down conference with your lawyers or other Alternative Dispute Resolution (ADR) measures.
You can apply to the Court for a property settlement at any time, although you must file proceedings within 12 months of a divorce or 24 months of a de facto relationship ending.
If you apply for a property settlement, there are four steps that the Court will consider in determining your matter:
1. Determine and value all the assets and liabilities of the relationship.
2. Determine the financial and the non-financial contributions of the parties to the relationship.
3. Determine the future needs of the parties, including their age, health, income & care of the children.
4. Determine whether the agreement is just and equitable. This is basically a fairness test for the proposed orders.
How long will it take?
If you have agreed to the terms of a property settlement, it may take anywhere from several weeks to several months to have the agreement formalised.
Most litigation matters are finalised within 6 to 12 months, although many of those that settle quickly are determined by the consent of both parties (without needing a determination from the Court).
It is difficult to predict how long it will take to finalise a property matter due to the many factors to consider.
A family law solicitor can assist you to understand what to expect based on your particular circumstances.
Do I have to go to Court?
If you are unable to communicate with the other side, have made genuine attempts to negotiate or require urgent outcomes, it may be best to file an application with the Court.
If the other side has filed a Court Application, you will be required (whether in person or electronically) to attend Court to defend the application that has been made pursuant to the Family Law Act.
If you have been served with Court documents, we encourage you to seek legal advice as a matter of urgency and to attend any listed Court dates.
If you have investment properties, a family trust or complex business interests, you may need to go to Court sooner rather than later to protect your interests.
Is it really complicated?
Property matters can be complicated, especially if issues are not proactively addressed early in the disute.
Besides common issues with the matrimonial home and superannuation, you may also need to consider how to approach and structure investments, tax considerations and possible implications for third parties,
No matter what your family law situation may involve, we encourage you to seek legal and financial advice at your earliest convenience.
While there is a lot of information online, a family law solicitor can use this information to assist you to navigate a resolution of your
family law disputes.