At SZ Lawyers, our family law solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including:
Marriage, De Facto and Divorce Law
- Prenuptial agreements (prenups)
- Divorce in Australia including preparing and serving a divorce application
- Spousal maintenance
- Property settlements
- Binding Financial Agreements
- Domestic and family violence and Intervention Orders (IVOs)
- Family Mediation
- Legal representation at Family Court of Australia and Federal Circuit Court of Australia.
- Parenting Orders for child residence and spend time arrangements
- Child support and enforcement of payments
- Parental rights and grandparent’s rights
Do I have to be divorced to split the property?
As soon as you have separated from your partner you can make arrangements to split your property and debts. You do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how your assets and liabilities should be divided between you, the SZ Lawyers Family Law Team can draw up the documentation which will finalise these arrangements, and then undertake the legal processes which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property (including superannuation) should be split. Firstly the court needs to be satisfied that you have attempted to reach an agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Circuit Court. This application must be made within 12 months of your divorce becoming final.
The matter will be set down for hearing and a legally binding decision will be made by the court.
How does the court decide?
Unfortunately, there is no mathematical formula in family law property division. The process involves a ‘four-step process’, which our SZ Lawyers Family Law team will run through specifically for your situation at your first consultation.
In reaching a decison, firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings and furniture etc. This includes anything you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Following this calculation, the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.
The court will then look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.
Lastly the court will make a decision based on what is just and equitable to both parties.
We can help
Dealing with the complexities of property settlement is stressful but the consequences of not dealing with it properly can impact on the rest of your life. We are experienced negotiators and will make sure that you get the best possible outcome.
Contact us to arrange a consultation with one of our experienced family lawyers.