Property Settlement
Property SettlementMany people see us and say “I just want what I’m entitled to” or “I just want it over quickly and cheaply”. We will advise you on how to go about achieving your goals in the most timely and inexpensive manner. |
How do I work out a property settlement?There are basically 4 main steps in determining how a property settlement will take place. The first is to work out the net value of all of the property and that means that each item of property needs to be identified and if no agreement can be reached in respect of value then experts will [...] |
Can I get back gifts and inheritances from my side of the family?This is a difficult area of the law and much depends on the circumstances of each individual case and an assessment of all of the other contributions of both partners to the relationship. Is is certainly an area where you should get expert family law advice. There is no automatic rule that these are somehow [...] |
What if my partner tries to sell off everything to defeat my claim?If your partner tries to sell everything to defeat a property settlement claim then you need to obtain urgent specialist legal advice because it’s possible that an injunction (restraining order) can be issued to direct your partner not to do something or to preserve or freeze assets until a formal hearing of the matters in [...] |
I’ve worked hard, will my superannuation be taken into account?Superannuation is treated as if it was property in any proceedings under the Family Law Act. That means that it’s actually valued and treated just the same as any other asset such as a house or a car. It’s possible to adjust superannuation between couples by way of a superannuation splitting order or a superannuation [...] |
Can I exclude my partner from the house?If you want an Order for exclusive use and occupation of a home it needs to be applied for along with an application for property settlement. It may also be possible to get an order under the Domestic and Family Violence Protection Act if they are allegations of violence. The considerations of the Court under [...] |
What rights do I have as a de-facto?De facto property rights are now dealth with in the same Court as for married couples and the same law is applied. Its possible to make an application for property settlement if partners have lived together for 2 years, had a child together or a partner has made a significant contribution which would result in [...] |
I’ve moved out of the family home, can I go back?If you’ve left the home some time ago, your ex partner usually has a right not to be approached or not permit you to enter the home even if the home is in joint names. If you attend the home without notice to the other party or their consent, it may result in a domestic [...] |