Property Settlements

Family Law - Property Settlements

In Australia, you are entitled to a property settlement if you have been married or in a de facto (including same sex) relationship.

Whilst the Family Law Act 1975 sets out a process by which a property settlement should be determined, the Family Law Courts have a broad discretion as to how to deal with each matter.

Everybody’s circumstances are different, and the Court recognises that when determining a property settlement.

If you have separated from your partner, or you are intending to separate, it is important to seek legal advice as to your entitlements both in the long term and in the short term.

If you and your partner have reached an agreement as to the division of your assets, liabilities and financial resources, we are happy to assist you in formalising that agreement and providing you with the appropriate advice.

If you are unable to reach agreement with your former partner, there are a number of avenues to attempt to resolve a family law dispute which do not always involve Court proceedings. Family Dispute Resolution procedures are an important part of this process. Indeed, in children’s matters you will be required to attend mediation or Family Dispute Resolution before commencing Court proceedings (with some exceptions).

Sometimes, it is appropriate to go to Court. If that is necessary our solicitors are well-equipped to provide you with the advice and advocacy you will need.

The Family Law team at Butler McDermott Lawyers are dedicated to assisting you in all your family law matters. We are available to guide you through this difficult time, and assist you in finalising your matter in an appropriate way, as quickly and cost efficiently as possible.

Obtaining legal advice early on is always the best approach. Complications can arise the longer a matter remains unresolved. For financial matters, time limits may apply.

In the event of separation from your partner, arrangements need to be made about property. This can be quite a stressful process. A division of assets and liabilities will need to be dealt with as swiftly and as cost effectively as possible.

Please contact our office today for an appointment.