Assets from a marriage (or de facto relationship) are divided in accordance with the criteria in the Family Law Act. This includes real estate, superannuation interests in a business or company, household chattels, cars, jewellery, cars, shares and cash. Whether the property is owned by one spouse, both spouses, a company or a trust, a properly drafted settlement agreement, or set of consent orders, is necessary to prevent future claims.
Property owned by married couples and de facto couples is adjusted between spouses, in order to finalise their financial relationship.
The Family Law Act sets out the criteria which governs property apportionment. Since 2009 the Family Law Act also applies to de facto relationships.
If your relationship has ended, is important that you act promptly to obtain legal advice to finalise your property settlement and your application for divorce.
We can assist you with your divorce application and also advise you in negotiating a reasonable property settlement with your spouse.
When required we can act for you on property dispute litigation and mediation in the Federal Circuit Court or Family Court, as required.
Call us to make an appointment on (02) 9199 0666.