Nevett Ford has extensive expertise advising clients on family law and property settlement disputes – ranging from amicable, straightforward agreements on separation of assets after divorce to complex situations involving multiple Trusts, companies, and corporate structures. Our lawyers are committed to providing you with realistic, strategic counsel and representation both in court as well as through other avenues.
Our family law property settlement lawyers work closely with industry experts including accountants, real estate valuers, and asset valuation experts to ensure you have all the information you need for a smooth property settlement after divorce. We also assist you in identifying and addressing issues of spousal maintenance or spousal support, when they may apply to you, and how to deal with this in a way that is fair to you.
Speaking with our lawyers early on may help you in either identifying key ways to resolve property settlement disputes quickly or taking precautionary steps to avoid being disadvantaged. Contact one of our family law property settlement experts to see how we can help, no matter where you are in your separation process.
Our Services
Separation & Divorce
De Facto Relationships
Declaring Nullity
Negotiating Property
Settlements
Protection of Assets
Binding Financial
Agreements (BFA)
Intervention Orders (Family Violence)
FAQ
What is property settlement?
When a couple separates, the question of who takes what must be decided. This is where property settlement comes in – it is an arrangement made between parties to divide their assets, liabilities, and financial resources.
The division of assets in divorce – or property settlement after separation for de facto couples – can be a complex issue governed both by Australian family law and the individual circumstances of each case. It is also one that needs to be settled following a time limit; this is generally one year for a divorce property settlement or two years for a de facto property settlement.
Therefore, it is important to get legal advice on separation and property settlement from family law property settlement lawyers as soon as possible following a separation, or even before a divorce is finalised.
What is considered property?
In a property settlement agreement, property refers to all assets, liabilities, and financial and non-financial resources held by you and your former partner. This is not limited to property acquired during the relationship – property owned before and after the separation can be included in a settlement. This includes:
● Property held jointly, or independently
● Superannuation
● Business interests
● Trust interests
● Real estate
● Jewellery and furniture
● Vehicles
● Assets acquired through inheritance
● Money in the bank
● Passive and non-passive income
● Insurance policies
Liabilities will also be divided between the parties involved, whether they are held jointly or individually, such as:
● Mortgages
● Debts
● Bills
● Tax
● Certain specific expenses
However, this is not an exhaustive list and each case is decided on its own merits, which is why it is important to seek legal counsel from experienced family law property settlement lawyers to determine the separation of assets in a divorce.
Can I make a property settlement without the court’s assistance?
Yes, you can. If the division of assets can be agreed upon, then our family law property settlement lawyers can formalise the terms of the settlement agreement under a binding financial agreement or consent order. This applies to both divorce cases and de facto separation cases.
Otherwise, our lawyers will be able to advise you on the next best course of action, such as commencing mediation or bringing the case to the family court.
What are financial agreements?
A financial agreement is similar to a contract as it sets down how property is to be divided between the parties. The Family Law Act permits parties to a married or de facto relationship to enter into a binding financial agreement.
A financial agreement can be made before, during or after a relationship and is often referred to as a prenuptial agreement.
What are consent orders?
Similar to the way a contract works, a consent order is a written agreement that is approved by the court stating that both parties agree on a property settlement. Once you and your ex-partner sign the agreement and it is approved by the court, the order is given legal effect.
You may also apply for a consent order without having to attend court with the help of your family law property settlement lawyer.
What happens if we cannot reach an agreement outside of court?
You can apply to have a court make an order on your behalf. However, the court will only make an order if it is fair and reasonable to alter the parties’ property interests. To determine how a property is to be split between parties, the court follows a four-step process:
● Valuation of assets
● Considering the contributions of each party
● Considering the future needs of the parties
● Weighing up the fairness of the practical outcome
These general principles can be broken down into various determining factors such as the length of the marriage, any pre-nuptial agreements, future income potential, the role of caring for children and dependents, and so on.
Is property divided equally after a divorce?
Under Australian law, the division of assets in divorce is not automatically split 50/50 as in some other countries. How property is divided depends on the individual circumstances of a particular case. That said, you and your partner’s contributions would generally be seen as equal, especially if you have had a long relationship.
If you are still unsure about the family law property settlement process and are worried about being disadvantaged, please do not hesitate to reach out to our family law property settlement experts and we will guide you through the process of property settlement after divorce according to your situation.
Why Work With Our Family Law Property Settlement Lawyers
Decades of Experience
Our team is backed by leading expertise and years of experience in divorce, separation, and family law property settlement matters, with hundreds advised upon each year.
Personalised Service
Our lawyers understand that there is no one-size-fits-all approach when it comes to family law property settlement matters. We will assist you step-by-step and provide you with expert advice tailored to your situation.
High Success Rate
We strive to provide a positive resolution and outcome for all parties involved in a family law property settlement dispute.
Standard Of Care
Our family law property settlement lawyers are committed to providing compassionate and streamlined assistance for our clients as we believe in building strong and meaningful long-term relationships.
Initial Fixed Cost Consultations
Our team is dedicated to providing transparent and affordable fees to ensure our clients are aware of what the process will look like ahead of time.
TESTIMONIALS
Branka
Tarun
Who You'll Work With
Richard Hamilton
Director
Catalano Clay
Lawyer
Erin Trantino
Lawyer
Jenny Christofidis
Special Counsel
Gurnoor Klair
Legal Assistant
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