Property Settlement Lawyers gold coast
Secure Your Financial Future After Separation
We understand dealing with separation is difficult enough, so allow us to help you reduce the stress by engaging one of our experienced property Gold Coast settlement lawyers to help you achieve a fair outcome. Our lawyers have experience in all areas of family law property settlement matters and can provide you with strategic assistance and representation with a timely approach while supporting you through negotiations, mediation or court proceedings.
Why Choose Our
Gold Coast Settlememt Lawyers?
Our Gold Coast property settlement lawyers have decades of experience in family law financial settlements.
We are talented strategic negotiators, skilled in avoiding expensive court battles.
We provide up front fee estimates, detailed breakdowns of our fees and even advise you how to spend less on your legal bills.
We provide up front fee estimates, detailed breakdowns of our fees and even advise you how to spend less on your legal bills.
what is property settlement in family law
Under the Family Law Act it is necessary for you to finalise your financial relationship with your former partner after separation. This commonly includes dividing the assets of the relationship between you, with those assets often consisting of real estate, savings, vehicles, businesses and superannuation. Property settlement applies to both married or de facto relationships and if the Federal Circuit and Family Court of Australia is to make the orders, whether by consent or in hostile proceedings, the final division of assets must be “just and equitable” according to the Family Law Act. Our Gold Coast property settlement lawyers have the experience to advise and represent you whether you wish to finalise your property settlement matter with consent orders or by way of a financial agreement (often referred to as a “BFA”).
How the property settlement Process Works
1
Identify the Asset Pool
This includes the values of all the assets and liabilities of the relationship.
Generally, it is not possible to accurately identify the asset pool and the values of the assets and liabilities without exchanging financial disclosure documents such as payslips, bank statements, superannuation statements and other documents evidencing your assets and financial resources.
Sometimes it is necessary at this stage to engage an expert to perform a valuation on an asset, usually a home or investment property.
2
Figure out who made what financial and non-financial contributions to the relationship
This can include the income of each party over the course of the relationship, whether one or both parties spent time off work raising children and things like personal labour being applied to renovate a property and increase the wealth of the relationship.
3
Assess the future needs of the parties
Increased future need for a party can include the following:
- A lesser ability to earn income than the other party;
- Primary, or sole care of children; or
- High out-of-pocket ongoing medical expenses.
4
Review all the circumstances
This is the final stage, where we can decide what would likely be a “just and equitable” final division of overall net assets.
Our Gold Coast property settlement lawyers have the knowledge and experience to assist you in achieving good outcomes for your property settlement matter, whether you decide to finalise your matter with consent orders, a financial agreement, or if the matter needs to proceed to court.
get in touchtime limits you need to know
Following a marriage, parties ordinarily have 12 months to make an application to the court for property settlement orders and in the case of de facto couples the time limit is no more than 2 years following separation.
It is imperative for you to receive early legal advice following separation regarding property settlement matters, because if you don’t you may miss an important deadline under the law and lose out on receiving all that you are entitled to.
It is imperative for you to receive early legal advice following separation regarding property settlement matters, because if you don’t you may miss an important deadline under the law and lose out on receiving all that you are entitled to.
What Can Be Included in a property settlement?
In many circumstances, every asset that both parties have a legal and/or equitable interest in is to be considered as part of the asset pool. Just because an asset is considered to be in the pool does not mean that you are going to lose the asset, it is simply there to be considered.
If there is a business that is run by you or your former spouse, or superannuation that may be subject to a superannuation split, why not ask one of our experienced property settlement lawyers to advise you on how you may retain or protect the asset.
If there is a business that is run by you or your former spouse, or superannuation that may be subject to a superannuation split, why not ask one of our experienced property settlement lawyers to advise you on how you may retain or protect the asset.
Do I Have to Go to Court for property settlement?
In many circumstances, every asset that both parties have a legal and/or equitable interest in is to be considered as part of the asset pool. Just because an asset is considered to be in the pool does not mean that you are going to lose the asset, it is simply there to be considered.
If there is a business that is run by you or your former spouse, or superannuation that may be subject to a superannuation split, why not ask one of our experienced property settlement lawyers to advise you on how you may retain or protect the asset.
If there is a business that is run by you or your former spouse, or superannuation that may be subject to a superannuation split, why not ask one of our experienced property settlement lawyers to advise you on how you may retain or protect the asset.
why clients trust us
Our property settlement lawyers have achieved strong results for our clients in all manner of property settlement matters, including some with very large asset pools including multiple homes and investment properties, business interests, and complex trust structures.
We also ensure our whole team keeps up with all changes to the law relating to property settlement matters so that nothing is left to chance when we are dealing with your assets and entitlements.
meet our property settlement lawyers
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book your Confidential Consultation Today
As there are time limits that apply to property settlement matters, don’t delay in getting in touch with one of our property settlement lawyers today. We can book a confidential consultation for you which can be in person, or if travel to our office is an issue we can coordinate a remote consultation online.
Simply fill the contact form below, or give us a call to organise your consultation.
frequently asked questions
What is considered a fair property settlement?
The family law term for fair in relation to property settlement is ‘just and equitable’, which basically means fair under the law in the specific circumstances of the matter. A fair property settlement outcome depends on many circumstances, including the length of the relationship, whether there are children to the relationship and the various future needs of both parties to the relationship.
How is superannuation treated in separation?
This depends largely on the length of the relationship, the amount of superannuation each respective party to the relationship has accumulated, and the future needs of both parties. In some circumstances, superannuation is not up for consideration. In other circumstances it might be necessary for the balances in the respective superannuation funds of the parties to be made equal.
Can I get a property settlement without going to court?
Yes. In fact most property settlement matters are resolved without commencing court proceedings.
What if assets are in one person’s name?
In family law it does not matter if the assets are in one person’s name, as it is your relationship with the other person that creates your legal and equitable interest in the assets, however, you may need to take steps early after separation to protect your interest in those assets.
Can we do a property settlement before divorce?
Yes, you can negotiate and resolve property settlement matters before getting divorced. In fact, it is usually preferable to do so as becoming divorced will trigger a time limit on unresolved property settlement matters between you and your ex.
How long does a property settlement take?
Sometimes it may take a matter of weeks to negotiate and finally resolve a property settlement matter, especially if you and your former partner are amicable and willing to negotiate in good faith.
If your former partner is hard to deal with, refuses to get proper family law advice from a practising family lawyer, or is simply unreasonable, property settlement is likely to take longer.
We have had experience with property settlement matters that have resolved in a few weeks from start to finish, as well as other property settlement matters that have been in court for more than 18 months.
What happens if my ex won’t negotiate?
If your ex won’t negotiate, this is unfortunately one of the circumstances when court proceedings are probably the best method to resolve your matter. In the event of court proceedings and your ex still refusing to negotiate, the court has remedies for this including costs orders against your ex and powers of enforcement.