By Agreement.

Some couples are able to resolve property settlement amicably.

They are able to separate their own feelings about their former partner and focus on their needs, and the needs of their children, leaving any emotion and pain out of the discussion . Any agreement reached should always be formalised by way of an Application for Consent Orders filed in the Family Court of Australia for certainty.

The Orders can then be relied upon in the event either party defaults on their obligations under the terms of the Orders.

We understand that the breakdown of a relationship is an emotional and trying time for everyone involved. It can be stressful and often complicated when trying to finalise a property settlement. It is important to know we are here to support you. Contact us to see if we can help.

By Negotiated Agreement.

If you cannot agree, it is best to seek our advices as to the best way forward. Usually knowing where you stand and knowing that you are not alone in the process provides you with the clarity you require to enter into negotiations with your former partner. We can help you. Mediation is often the first step in the process, however is not a requirement as it is with children’s issues.

With the assistance of a family dispute resolution practitioner issues of concern can be aired, discussed and worked out, and a resolution achieved. Any agreement reached is not legally binding on either party and must always be formalised by way of an Application for Consent Orders filed in the Family Court of Australia for certainty. The Orders can then be relied upon in the event either party defaults on their obligations under the terms of the Orders.

We understand that the breakdown of a relationship is an emotional and trying time for everyone involved. It can be stressful and often complicated when trying to finalise a property settlement. It is important to know we are here to support you. Contact us to see if we can help.

By Court.

There are circumstances when an agreement, despite engaging in negotiation either directly or through your lawyer is unsuccessful. In these circumstances, the only way to proceed is by filing an application for property settlement before the Court. It is essentially asking a Judge to look at the circumstances and facts presented, in order for them to make a decision as to what they consider is a just and equitable division of the assets of the relationship.

An application of this nature usually seeks orders to be made on a final basis, but in some circumstances interim orders may be required in cases of spousal maintenance (where one party needs the other to provide them with financial assistance) or issues regarding use of joint bank accounts, and who is to reside in the former shared home. The interim orders are holding orders, that is, arrangements put in place until the application is listed for Trial and the Judge makes final orders and ends the Court proceedings. Despite being involved in the Court process, matters usually resolve by extensive negotiation and only rarely are matters resolved by way of Trial.

We understand that the breakdown of a relationship is an emotional and trying time for everyone involved. It can be stressful and often complicated when trying to finalise a property settlement. It is important to know we are here to support you. Contact us to see if we can help.