Suite 411, Mariners Centre of Excellence
1 Bryant Drive, Tuggerah
(02) 4305 8806
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9am-5pm Monday - Friday
Flexible appointments available on weekends
Property
Family Law Financial settlements
When you separate, divorce or end a de facto relationship, you’re often left with the tricky task of how to separate your finances from your former partner.
Often there are still a range of financial ties after separation such as a house, cars, furniture, personal possessions, savings and debts.
We aim to help you achieve a “clean break” with a minimal amount of legal fuss and expense, so you can move on with your life.
Family law? We can help.
Settle early!
There are many ways property matters can settle, without the need for any Court proceedings.
Some different types of property agreements can include:
- Informal agreements reached, unwritten and unsigned;
- Formal written agreements filed with the Court and made into formal Consent Orders;
- Formal written agreements made into a Binding Financial Agreement and not filed with the Court;
- Property Orders being made by the Court, following a Court hearing.
We will advise you about the best options for you and give advice tailored to your unique circumstances.
When we’re talking about your life savings, it’s so important to get it right!
The vast majority of matters settle without the need for any Court proceedings to commence, but if Court becomes necessary we can continue to represent you every step of the way.
Got Questions?
Property Settlements
So how do you figure out what each party should be entitled to after separation? We generally start with the four step process, outlined below:
What assets actually count as assets for division? In this step we consider things like real estate, vehicles, savings, household contents, superannuation, shares and other “assets”.
Sometimes there will be things that don’t count as assets of the relationship, such as one party driving a company car. Even if something doesn’t count as an asset, it might still count as a “financial resource” to be considered in step 3!
In this step we consider how did each of the parties contributed towards accruing the assets and debts of the relationship.
What assets did each of the parties own at the beginning of the relationship and should that impact what they receive now?
Did one of the parties make significant contributions toward the relationship that were not “financial” in nature (such as caring for the children or making improvements to the house by way of skilled labour)?
Did either of the parties receive any significant gifts or inheritances which should result in them receiving an adjustment now?
For an extensive list of the things that the Court would consider, you can check out section 79(4) of the Family Law Act 1975.
In this step we consider what the future needs are for each party.
We take into account the age and health of each person, the financial resources and earning capacity of each person and whether one person will have the care of the children or other people into the future.
We also look at whether each party is in a new relationship and to what extent this should be considered in the settlement.
We examine the length of the relationship and to what extent this should effect what each party will receive.
For an extensive list of the things that the Court would consider, you can read section 75(2) of the Family Law Act 1975.
The outcome of any family law property settlement or financial agreement, should be “just and equitable” for both parties in the circumstances.
Book an appointment today.
(02) 4305 8806
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You can find us on the 4th floor of the Mariners Centre of Excellence.
We're just off the freeway near the Tuggerah exit and only a short walk from Tuggerah station.
Plenty of easy, stress-free parking available!
Reach us HERE
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Suite 411,
1 Bryant Drive
Tuggerah NSW 2259 - (02) 4305 8806
- admin@accessfamilylaw.com.au
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