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Family Property Dispute Lawyers

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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Tips for preparing for a family law mediation – Part 4 of 5

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Testimonials

Professionalism, Quality, Responsiveness, Value

“Friendly, professional service. Subject matter promptly dealt with. Will recommend them.”

Professionalism, Quality, Responsiveness, Value

“Ryan Curtis-Griffiths and Jacqui Azouz provided excellent legal work.  I am a lawyer in the United States so I expect a lot.  And I got it from Ryan and Jacqui.  They are knowledgeable, efficient and very easy to work with. I will use them whenever I have an opportunity. “

Professionalism, Responsiveness, Value

“I cannot find any words to describe the professionalism of thos firm. Everyone from the reception to financial services and not to say Mae who helped out was absolutely amazing. I had Richard Hamilton who was definitely someone I will always have to represent me if I need any further help. Keep up the fantastic work ?  “

Reliable Lawyer and Good Expertise

“Richard Hamilton is a very genuine lawyer with very good expertise, good values and ethics of responsibility. He is not one of the lawyers in the market who would deceive you with false hopes. I found him very reliable which is something you need when you are going through a difficult family court case. Richard is also very good in returning to calls and emails. I definitely recommend him.”

Excellent services and advice

“Ryan has been my migration lawyer of a number of years now and has been successful in obtaining PR and Australian Citizenship for me. His advice is clear, straight forward and tailored to an individual’s needs. He puts in the effort and time and always cares for his clients. Overall, I received a first-class service from him, and I highly recommend him to anyone looking for migration advice.”

The best immigration service provider in Mel

“In all respect to achieve your PR and the pathway for citizenship was done very professionally ! Special thanks to Rayan ( MD) who helped me in all the way throughout to achieve goal.”

Best choice

“Ryan Curtis-Griffiths knowledge of immigration law, a skills in preparing all documents, excellent communication skills, rapid response to my inquiries, thoughtful and good listener.”

Professional Service with Attention to Detail

“We engaged Nevett Ford Lawyers to prepare our 186 Business Nomination and Visa Application. Ryan provided outstanding service by assisting us with all his experience in the industry. It was the best decision to work with Ryan as he always listened to our instructions and assisted with timely advise. I would definitely recommend Ryan and his team to anyone looking for a Immigration lawyer.”

Professional Service and Prompt Response

“Ryan and his team made sure the process of 186 Business Nomination and Visa application were as seamless as possible. We always received prompt response and correct advise regarding the matter. I would happily recommend Ryan and Nevett Ford to anyone who wants assistance with 186 visas.”

Best Lawyers in the business

“Looked after me. Always made sure I knew what was going on and why, but also made sure my mental health was top priority.”

Very professional team

“Great professional team, best communicating with the customer.”

Legal expertise, Client focused service, Courtesy

“Nevett Ford Lawyers, including paralegals and administrative staff, displayed professional and reliable services. All staff with whom I interacted responded promptly to my queries and requests. Their polite and friendly manner was appreciated and reassuring.”

Professional, Efficient & Supportive

“A Positive outcome of Permanent Residency from a Ministerial Intervention is what we achieved through Nevett Ford Lawyers. David Stratton and his Team have been highly efficient and professional along the entire journey through the Administrative Appeals Tribunal (AAT) and Ministerial Intervention. The Team managed our file with great care and patience while supporting us through the entire process during the past four years. We would highly recommend Nevett Ford Lawyers for their Professionalism and Task Accomplishments.”

Ryan and Shalini worked extremely hard for us

“Ryan and Shalini’s communication skills were what really stood out to us. They replied to emails most of the time within minutes and did a good job on helping us stay realistic about expectations as our case was extremely difficult and had a high chance of failure, they did a brilliant job of getting the visa through for my partner.”

Service provided was professional & prompt

“Great communication, friendly interaction with all staff (including reception), prompt and did what they said they would do.”

Navigating a tricky workplace case

“Generous with their time. Fair and pragmatic advice from which I was able to make an informed decision.”

Mlam Camou (MlCam)
Mlam Camou (MlCam)
2023-08-31
I will recommend definitely this services to anyone who wants a clear and positive outcome for his immigration case. Professionalism and experience are also 2 very important points to consider when you decide Nevett ford to represent you. I am satisfy with their work to be honest.Thank you Nevett Ford Lawyers for your excellent work.
Lisa-Marie Hinton
Lisa-Marie Hinton
2023-08-31
My visa application was the most challenging time of my life. It was so much pressure, lots of tears and emotions. Ryan and the wonderful Team guided our family and secured my husband and children Citizenship and my PR. I think Ryan has a beautiful heart and is very kind. He listened to me when I was at my wits-end and could only cry on the phone. I would choose Ryan again. It has been a difficult journey but he never gave up on helping my family in the fight of staying together. Forever grateful. The Hintons xxx
Vivien Karabinas
Vivien Karabinas
2023-08-31
The expertise and service received by lawyer Sophie Stickland was efficient, caring and reasonably priced. I would highly recommend her. Thank you.
Jervin Paul Dhas
Jervin Paul Dhas
2023-08-30
Had the pleasure of working with Lili for my PR application and I had a very good experience. She was very responsive and guided me and provided updates in every step and the entire process was smooth and quick. Highly recommend their services and one of the best. Thanks again Team
Tom Simpson
Tom Simpson
2023-08-29
During the period between 2020 - 2023 i was applying for a permanent partner visa and hired Ryan to assist me.I had spoke to 7 other immigration lawyers prior to Ryan, and the general feedback i would get back was negative (installing doubt into my mind about the likelihood of obtaining a visa in my circumstance). Ryan was the only lawyer who had a positive attitude and was optimistic about my situation and gave me a lot of free advice about what i could do even before i hired him, this was a major green flag to me so i made the decision to hire him.I couldn't of asked for a better lawyer, i would highly recommended his services to anyone. Good communication, fast responses, never hesitant to answer any queries, pleasant to speak to and most importantly a good lawyer that gets the job done.I recently obtained my PR after a 3 year process and I cannot thank Ryan (and the team) enough for their service.
Hieronim Wiatrowski
Hieronim Wiatrowski
2023-08-23
Lili Sibic was ery professional and helpful. Highly recommended ????
Jessica Liu
Jessica Liu
2023-08-21
Awesome and extremely professional and patient. Highly recommended!!!
Antonia
Antonia
2023-08-17
Experienced, organised and friendly, Ryan is always helpful and reassuring during the entire visa application process. The entire duration has made him more than just a lawyer but a friend.
Hiro Kamisugi
Hiro Kamisugi
2023-08-16
Nathan and Jean as team helped me for my first home purchase. Even though I knew nothing of this matter, they made my whole journey nice and comfortable. Everyone around myself tells me that purchasing home is a very stressful journey, but I was totally fine with their help. Don’t think I can ever ask anyone else for my next home in the future!

    Contact us

    *If you are overseas, please call our office on +61 3 9614 7111.


    Nevett Ford Melbourne Pty Ltd

    ABN: 80 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000