If you’re facing a relationship breakdown, you’re also facing the prospect of dividing the property and assets of your relationship. This process is what is legally known as a property settlement.
I’m a highly experienced property settlement lawyer and can guide you through the steps involved, protect your financial position and help you reach a just and equitable property settlement
The first step in a property settlement involves determining:
The property pool: listing all the assets of the relationship along with the liabilities
The contributions: working out who contributed what during the relationship, both financially and non-financially (for example, caring for children and housekeeping)
Future needs: looking at the ongoing needs of both parties (for example, caring for children, health issues and capacity to earn an income).
Reaching an agreement
Sometimes, once these things are examined you may be able to come to an agreement with your former partner about how the property you owned as a couple will be divided between you. If this is the case, you should still make sure the agreement is made in a legally binding way so there is no dispute or further claims made down the track. I can help you prepare this documentation.
Applying to the court
If you’re unable to reach an agreement, you’ll progress to mediation or court proceedings. If court proceedings are the only option left, I can represent the best interests of you and your children and help you receive a just outcome.
If you’re married or divorced, it’s important to remember that you have only 12 months from the date of divorce to make an application to the court to determine the division of property.