Part VIII of the Family Law Act 1975 (Cth) (the Act) applies to cases concerning division of property. Going through a divorce or separation can be a very difficult time and there are many legal issues at hand. Our Family Lawyers can assist and advise you on your individual case. You can discuss with our Family Lawyers the legal implications and the options available for you.
There are generally two ways in which a division of property may be undertaken:
- By consent – agreement between the parties; or
- Ordered by the court – no agreement between the parties.
By consent – agreement between the parties
Where you and your ex-partner have come to an agreement on how property is to be divided post separation, the process can be less straining. Coming to an agreement in relation to the division of property will mean that both parties are happy and can be certain with the outcome. This can save you money and time. Our Family Lawyers can prepare a document incorporating the agreement. When preparing such agreements, it is recommended that each party seek independent legal advice. This will ensure that the interests of all parties are considered and that there are no legal issues with enforcing the agreement. The agreement that is reached between the parties can be documented in either the form of a Binding Financial Agreement (BFA) or Consent Orders (the latter of which is filed with and endorsed by the Family Court). Further reference may be made to the “Binding Financial Agreements” or “Consent Orders” areas on this website.
Whilst it is sometimes advantageous to apply for Consent Orders, it is also important to remember that if you decide that you want to change or vary a consent order, it can become difficult. The aim of the court when making consent orders in property disputes is to ensure the finality of the orders so that the need for further proceedings is avoided.
If you do want to set aside a consent order, you can speak to one of our Family Lawyers. To set aside or cancel a consent order, you may need to prove various factual issues, which may (or may not) include the following:
- That there was fraud when the agreement was entered into; or
- That the orders are not practical; or
- That there are exceptional circumstances relating to the children of the relationship.
You should not make any Applications to vary or set aside property orders in the Family Court, without first seeking legal advice from a family lawyer.
Orders by the court – no agreement between the parties
The law encourages that an agreement be reached by the parties. This is to ensure that both parties are content with the outcome and there is, to some extent, also a degree of certainty when agreements are reached by the parties outside of the courts.
There are, of course, cases where the parties are simply just not able to reach an agreement. This does not mean that court is the only option. There are family dispute resolution services available. The Family Law Act encourages parties to utilise the family dispute resolution services prior to initiating court proceedings.
If Court is the only option, then our lawyers can assist you with prosecuting or defending your property settlement matter and can assist with a broad range of matters, ranging from straightforward property matters to more complicated property estates, involving difficult issues that need to be ventilated. We have represented parties in a broad range of Family Law property settlement matters, including matters involving complicated business, company, trust and other investment vehicle or property structures and both national and international assets.
Book your first free consultation with one of our Family Lawyers by contacting our head office in Sydney CBD on (02) 9233 4048, or email us to firstname.lastname@example.org. Alternatively, we may see you in one of our branch offices conveniently positioned in the Sydney metropolitan area. For a complete list of our branch offices, please peruse our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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