If you have separated from your spouse or de facto partner, it is important to obtain expert legal advice in relation to financial matters, including property settlement, as soon as possible.
We will advise about property settlement and flag other issues which may be relevant to your circumstances, such as caveats (to protect your interests while you negotiate a settlement), child support, spousal maintenance and superannuation splitting orders.
We can negotiate with the other party (or their solicitor) on your behalf if you are unable to do so, or you may prefer to attend mediation for preliminary assistance.
If a property settlement is agreed, we can obtain Orders by consent from the Court. If no agreement can be reached, we will advise you and assist with an application to the Court.
There are TIME LIMITS for applying to the Court if you are unable to reach an agreement about property settlement. For defacto relationships - 2 years from separation. For marriages - 1 year from the date the divorce becomes final. In exceptional circumstances, it may be possible to obtain an extension of time from the Court.
We strongly recommend that you obtain legal advice as soon as possible, and especially before applying to the Court, as there are pre-action requirements which may have consequences such as being ordered to pay the other party’s costs.
FAQS
Even if you are able to reach an agreement with your former spouse about property division, you should seek legal advice. We can advise you whether the agreement you have reached is fair and equitable.
We can assist you to prepare documents to seek Consent Orders from the Court, without you or your spouse needing to attend court.
Unless orders are made by the court, your agreement is not legally binding or enforceable if the other party does not honour the agreement.
There are various options available to try to resolve property matters with your former spouse.
We can assist by negotiating with the other party or their solicitors.
It is important to remember that time limits apply. Seek legal advice as soon as possible.
