Covid-19 Notice: Our Sydney lawyers can help by tele-conference
Stay connected with Navado:
SYDNEY CBD    |    PARRAMATTA    |    CHATSWOOD    |    HURSTVILLE

Buying or selling a residential property?

With our Residential Conveyancing Offer, we offer fixed fees of $1650 (plus disbursements) for your purchase or sale. Conditions apply. | See more …

Have you been charged with a criminal or traffic offence?

We offer fixed fees from $1100 for one of our Lawyers to appear on one day at any Local Court in Sydney. Conditions apply. | See more …

Buying a property and need a home loan?

Our experienced Brokers can help you compare interest rates and home loans, at no cost to you in the comfort of your own home. | See more …

Do you need to lodge your personal Tax Return?

Our Public Accountants & Tax Agents charge a flat fee of $143 for your Individual salary or income tax returns. Conditions apply. | See more …

Secure your financial future. Plan today, enjoy tomorrow.

Create wealth. Minimise tax. Structured tailored solutions. Arrange a free consultation with a Financial Advisor today. Conditions apply. | See more …

You don't have a will? Don’t leave it until it’s too late...

We can help. Our lawyers will obtain an understanding of your situation and complete your simple will for $330. Conditions apply. | See more …

Conveyancing & Will Offer

Fixed fees of $1870 (plus disbursements) for the sale or purchase of residential property & a simple will. Conditions apply. | See more …

Are you thinking of setting up a Company?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you complete the puzzle of Company Registration. | See more …

Going to Court? Strategy is key.

You may feel like you are all alone and that the odds are against you. Speak to one of our experienced Litigation Solicitors. | See more …

Get the right legal advice for your business.

When it comes to your business, precision is key. Speak to one of our experienced Business & Commercial Law Solicitors. | See more …

Do you have a civil or commercial dispute?

Our Litigation Lawyers focus on delivering cost effective, strategic solutions to your legal dispute. | See more …

What are your legal rights? Do you know where you stand?

Don’t feel discouraged. We can help. For an agreed fixed fee, we can provide you with a preliminary legal opinion. | See more …

Are you considering setting up a Trust?

For a fixed fee of $880 plus Disbursements, our Public Accountants can help you establish a Discretionary, Family, Hybrid or Unit Trusts. | See more …

Are you thinking of setting up an SMSF?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you register your SMSF. Conditions apply. | See more …

Are you thinking of setting up a Business and Company?

For a fixed fee of $825 plus disbursements, our Public Accountants can help you register your Business & Company. Conditions apply. | See more …

Have you considered seeking Estate Planning legal advice?

We offer a special package of $990.00 including GST, for a simple Will, Power of Attorney and Enduring Guardianship. Conditons Apply. | See more …

Become a Navado Private client

Navado Legal & Financial Group can provide a total synergistic legal and financial solution tailored to your circumstances. | See more …

Previous
Next

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:

  1. By consent – agreement between the parties; or
  2. 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:

  1. That there was fraud when the agreement was entered into; or
  2. That the orders are not practical; or
  3. 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 info@navado.com.au. 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.

Bookmark and Share

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.

Sorry, but no Articles are available at this time.

Sorry, but no FAQs are available at this time.

If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Hurstville

Our Locations

  • Family Lawyer Sydney
  • De Facto Lawyer Sydney
  • Relationships Lawyer Sydney
  • Divorce Lawyer Sydney
  • Family Lawyer Parramatta
  • De Facto Lawyer Parramatta
  • Relationships Lawyer Parramatta
  • Divorce Lawyer Parramatta
  • Family Lawyer North Sydney
  • De Facto Lawyer North Sydney
  • Relationships Lawyer North Sydney
  • Divorce Lawyer North Sydney
  • Family Lawyer Hurstville
  • De Facto Lawyer Hurstville
  • Relationships Lawyer Hurstville
  • Divorce Lawyer Hurstville
  • Family Lawyer Liverpool
  • De Facto Lawyer Liverpool
  • Relationships Lawyer Liverpool
  • Divorce Lawyer Liverpool
  • Family Lawyer Gordon
  • De Facto Lawyer Gordon
  • Relationships Lawyer Gordon
  • Divorce Lawyer Gordon
  • Family Lawyer Baulkham Hills
  • De Facto Lawyer Baulkham Hills
  • Relationships Lawyer Baulkham Hills
  • Divorce Lawyer Baulkham Hills
  • Family Lawyer Campbelltown
  • De Facto Lawyer Campbelltown
  • Relationships Lawyer Campbelltown
  • Divorce Lawyer Campbelltown
  • Family Lawyer Bondi Junction
  • De Facto Lawyer Bondi Junction
  • Relationships Lawyer Bondi Junction
  • Divorce Lawyer Bondi Junction
  • Family Lawyer Chatswood
  • De Facto Lawyer Chatswood
  • Relationships Lawyer Chatswood
  • Divorce Lawyer Chatswood
  • Family Lawyer Miranda
  • De Facto Lawyer Miranda
  • Relationships Lawyer Miranda
  • Divorce Lawyer Miranda
  • Family Lawyer Bella Vista
  • De Facto Lawyer Bella Vista
  • Relationships Lawyer Bella Vista
  • Divorce Lawyer Bella Vista
  • Family Lawyer Erina
  • De Facto Lawyer Erina
  • Relationships Lawyer Erina
  • Divorce Lawyer Erina
Quick enquiry
  • Request an appointment

Where to find us?

Sydney (Head Office)
Level 10, 309 Pitt Street.

Parramatta
Level 7, 91 Phillip Street.

Chatswood
Level 6, 10 Help Street.

Hurstville
Ground Floor, 5 Railway Parade.

In NSW, Interstate or International?
Initial Consultations are available by Skype or Tele-Conference.

Stay connected
Ask an expert