Married Couples Property Settlements:

When a marriage breaks down, the last thing you may want to be thinking about is the division of property between you and your spouse. However, the legal implications of a separation in relation to property settlements can be extremely vast. You should obtain independent legal advice from a family lawyer to ensure that your interests are protected during the separation. Our Family Lawyers have acted for and advised many clients in relation to their property disputes or potential property settlements. We have acted in a broad range of matters and where the property owned by the married couple ranges from a small amount of jointly owned property, to large, complicated family and matrimonial assets, including the family home, family trusts, investment and multiple properties and estates involving complicated businesses and/or other legal structures.

When looking to divide and distribute property amongst married couples, it is important to look closely at all the assets and financial commitments of both parties and the contributions that each of the parties have made to the marriage. According to family law and legislation, there are a range of factors and matters that need to be considered and taken into account, when providing an opinion on what is a fair and reasonable outcome and the manner in which the property of yourself and your spouse can be divided.  Our Family Lawyers are experienced in assessing matrimonial property estates and regularly assist clients to reach amicable and harmonious property settlements, without the need for expensive, protracted and stressful litigation. Of course, if the matter is unable to be resolved amicably and should Court be the only option, then we are able to assist you in your family law matter in the Family Court, regardless of the size and the number of issues involved in your matter, whether minor or very complicated. When providing advice on your property affairs, we will need to take instructions on a variety of matters, including but not limited to the following:

• Property owned;
• Financial debts;
• Superannuation and life insurance;
• Gifts as inheritances;
• Domestic duties; and/or
• Contributions towards the care of children.

It is favourable for both parties if an agreement is able to be reached by both parties in relation to property matters – a property settlement is almost always less costly and almost always less stressful than a complicated or protracted Court case. Resolving a matter by agreement keeps the matter out of Court and will avoid lengthy and stressful Court proceedings.

There are, of course, instances where, put simply, parties just cannot agree – parties just cannot see eye to eye. In such cases, the option may be to commence legal proceedings. There are strict time limits to commence property settlement proceedings. You should seek legal advice immediately to ensure that your claim is lodged within the relevant time frame. The Family Law Act 1975 (Cth) governs property settlements for married couples.

For further information, you can refer to the “Division of Property” section on our website. If you wish to make an appointment, contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

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.