At Nevett Ford, our expert family property dispute lawyers are trained to assist you in identifying key ways to resolve a family property dispute early or take preventative action to avoid you being disadvantaged.
We will provide you with practical, strategic advice and a range of likely outcomes for you to consider. It is then a matter of implementing the plan, working towards an outcome you are content with, and reacting intelligently along the way without losing sight of the bigger picture.
Our lawyers advise on property disputes ranging from amicable, straightforward deals, to complex structures involving multiple Trusts, companies, and corporate structures. We also assist you in resolving and identifying spousal maintenance obligations or spousal support difficulties – when they may apply to you – and how to deal with them fairly.
Our expert team works closely with accountants, real estate valuers and asset valuation experts to ensure you have all the information you need to reach a favourable outcome. Speak to our family property dispute lawyers today to find out how we can assist you, regardless of where you are in the property separation process.
WHO YOU’LL WORK WITH
Richard Hamilton
Director
Jenny Christofidis
Special Counsel
Erin Trantino
Lawyer
Maggie Wang
Lawyer
Catalano Clay
Lawyer
Stacey Raphael
Lawyer
Gurnoor Klair
Administrative Assistant
FAQ
Can we agree on our family property settlement between ourselves?
Yes, you can. If you do so, it is common for parties to either enter into a binding financial agreement or obtain consent orders to ensure the agreement is legally binding on both parties.
Doing nothing may mean that both former partners are left open to a later claim by the other. This can be especially problematic if a party diminishes the assets, or increases debts, in the asset pool, or if a party receives an inheritance post-separation, or buys a property with a new partner. Hence, it is always best to address the financial issues promptly post-separation.
What is a binding financial agreement?
A binding financial agreement (BFA) is an agreement which covers the division of property, superannuation and if required, spousal maintenance. This can be time effective, private and flexible method of formalising how the parties divide the assets.
Consent orders are a similar document, but they get submitted to the Court which then makes a detailed assessment of the assets and debts and the future needs and financial circumstances of the separating couple. As a general rule, they have a higher degree of enforceability. They only require one lawyer to assist, whereas with a BFA both parties require independent legal advice.
If you have been in a de-facto relationship at the time of separation, you need to address these matters within two years of separation. If you have been married, you must do so within 12 months after your divorce.
What if we cannot come to an agreement on how to divide our assets?
Legal advice from an experienced family property dispute lawyer can help you determine what you might be entitled to. Our legal preliminary assessment can help you be more of aware of the realistic range of possible outcomes in your situation and guide you towards an earlier resolution.
What happens after a preliminary assessment has been made?
The first step is for your family property dispute lawyer to write to the other party or their solicitor, if legally represented, obtain any information you still need to know (such as disclosure or values) and set out your position. This may include what you think a fair settlement would be.
Once correspondence has begun between the parties an agreement can be worked towards or reached. Documents formalising the agreement are drafted by a family property dispute lawyer to make sure that it is legally binding.
What if our family property dispute matter goes to court?
Most cases can be resolved without legal proceedings or through a formal mediation. However, if the matter goes to court, the division of assets must be assessed and determined to be “just and equitable” and a strict timeline has to be followed.
It is important to remember that ‘fairness’ is not necessarily how the law would divide assets. What one sees as ‘fair’, may not be how a Court assesses your situation. Hence, it is smart to know at the start what may be the likely division of assets awarded by a court and use that as a basis for getting to a likely outcome. If possible, our family property dispute lawyers will try to achieve that outcome with minimal, or in some cases, no court involvement using other avenues such as negotiation and mediation.
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Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000