Property and Financial Matters

  • Overview and Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Property and Financial Matters

During a relationship, it is common for parties to have accumulated assets and liabilities together. However, following a breakdown of a relationship, these assets may need to be severed. If you are facing such a situation, your best avenue is to seek legal advice from property settlement family lawyers who can guide you through the process.

If the parties were married, they have twelve months from the date of divorce to finalise all property and financial matters. If the parties were in a de facto relationship, they have two years from the date of separation to finalise all property and financial matters.

It is important that when parties have separated, they are no longer financially attached to the other party, particularly if any assets or liabilities have been obtained or accrued post-separation. This includes determining financial resources and financial support obligations.

Understanding Property Settlement in Family Law

In family law, property settlement involves dividing property and financial assets between parties after a separation or divorce. It encompasses evaluating all assets and liabilities, such as real estate, investments, and debts, to ensure a fair division. The aim is to arrive at an equitable arrangement that respects the contributions made by each party to the relationship.

While parties can agree on how to divide property through financial agreements, sometimes reaching a consensus can be challenging. If parties cannot agree, the court decides the division based on various factors, including the length of the relationship, the financial and non-financial contributions of each party, and future needs. These financial arrangements are often formalised through Consent Orders or Binding Financial Agreements, providing a clear framework for the division of assets.

The process requires a thorough understanding of both the tangible and intangible contributions made by each party. This ensures that the property settlement is fair and aligns with legal standards and principles in family law. This is why it is essential to engage the services of a property settlement lawyer who can help guide you through this complex process to ensure you receive everything you are entitled to. 

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What You Need To Know

Why Do You Need a Family Lawyer for a Property or Financial Matter?

If you have gone through a separation or divorce and want to know what you are entitled to, then the experts at Brydens can help.

Our team of property settlement family lawyers can assess the combined assets and liabilities of the parties and their respective indirect financial contributions and non-financial contributions during the relationship to determine what you will be entitled to. This involves requesting full disclosure from both parties either directly or through their legal representatives.

We will then advise you of your possible entitlement in a percentage amount, depending on your circumstances. For example, contributing factors to consider are the amount of contribution you have made initially, during the relationship and post-separation; the length of the relationship; and whether there is a child or children in the relationship and who the children live with.

Brydens Lawyers can also advise you about what can be added to the matrimonial pool and what types of contributions may be considered.


What Will the Family Lawyer Organise for You?

Brydens Lawyers can organise the appraisal and valuations of the various assets owned by you and the other party. We can also ensure all joint accounts are closed and joint debts are repaid.

Our family lawyers can assist the parties in reaching an agreement and formalising the agreement. This is done through an application for Consent Orders or a Binding Financial Agreement to ensure the agreement reached is enforceable. However, if no agreement can be reached, we are able to assist in negotiations, attending mediation sessions and attending family court.


What Are the Costs Involved with Engaging a Family Lawyer?

The legal fee varies on a case-by-case basis and the nature of the work to be undertaken. If you would like to learn more about how Brydens Lawyers can help you settle your property and financial matters, then please do not hesitate to reach out and contact us. Our team of professionals can offer a wealth of knowledge across all areas of family law.


When Should You Consult a Family Lawyer?

You can consult a lawyer at any stage, but it is best to consult a family lawyer during the early stages of your separation, before any division is made or an agreement or orders signed. This way, your family lawyer can provide you with the best advice in regard to your entitlements.


Why are Brydens Lawyers the Right Representation For You?

Brydens Lawyers can give you honest and concise advice and provide you with all the information you need when it comes to property settlement during a separation or divorce.

The team of professionals at Brydens Lawyers understands that any matters to do with divorce and separation can be complex and sensitive. No matter whether you were in a committed de facto relationship or married, this can be a challenging period of your life where caring support and guidance are needed in regard to all legal proceedings. Whether this includes property settlement, child support, parenting matters or any other family matters, we are here to help.

If you are seeking legal advice around property and financial matters, then contact the family law division at Brydens Lawyers. You can get in touch with us online or call us on 1800 848 848.


Meet the team that specialise in

Family Law

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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Natalie Dadisho
Natalie Dadisho

Senior Associate - Accredited Mediator Practice Manager – Family Law Division

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Kyara Hagipantelis
Kyara Hagipantelis

Associate

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Malik Hameed
Malik Hameed

Associate

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Nicole Jirathammakul
Nicole Jirathammakul

Associate

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Stephanie Demetriou
Stephanie Demetriou

Lawyer

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