Property Settlements .

Division of Property: Consent, Disputes & Court Orders

The steps involved in determing the settlement include:

identifyinhg all the assrets, liabilities and financial resources of each party

assessing all of the contributions by each party under section 79(4)

evaluating the future need of each party under section 79(4) and section 75(2)

ensurig that the Court is satisfied that any Orders are just and equittable.

If both parties amicably separate then the the Family Law Act 1975 allows Consent agreements to be recognised once both parties receive independent legal advice. Part VIII lists the relevant legislation governing settlements and the factors taken into account. An understanding of the various adjustment factors listed under section 79(4) and section 75(2) of the FLA are imperative to each case. We can advise you as they apply to your circumstances, based on our experience of the Court's treatment of these factors .

Unequal contributions, trusts, corporate structures, superannuation, gifts, inheritances, non financial contributions and debts are problems areas typically arising in property settlements. Your case will proceed through various stages ranging from negotiations both in and out of court. If these options have been explored and exhausted without settlement, then a hearing takes place as a last resort. Apart from your children the greatest disputes occur over what each party deem to be a fair division of property.

It is frequently the case, that your former partner is being unreasonable. In reality we are aware that motives such as revenge, spite, insecurity, breakdown of trust and greed are the most common causes for irrational behaviour. We understand, that their irrational behaviour affects the conduct of the your case. We contend with unnecessary delays due to the other belligerent party's conduct and we seek your Costs be paid.

Section 79(4) Adjusmtents to Settlements.

Section 75(2) Spousal Mainitenance.

Interim Oders

Appeals

FAQ's, TIPS & more general advice