Property Settlement Lawyers in Melbourne
Once you have separated from your partner, you will most likely require legal advice to divide your assets.
We have a number of different approaches to assisting clients in resolving disputes regarding property matters following a separation, and in reaching agreement. These include mediation (with an independent third party who can assist you by facilitating discussions to reach agreement), collaborative law (where the parties and their lawyers agree to a series of “four way meetings” and sign a contract that they will not litigate), by direct negotiation (between lawyers by way of correspondence, or direct discussions via a conference), or by way of litigation through the Court process.
Our advice will depend on the particular circumstances of your case and will be tailored by your specific needs and that of your family. Our property settlement law team takes a commercial and common sense approach to such matters, to ensure that your desired outcome is achieved.
The court process
The court has the discretion to make property orders that are just and equitable between the parties and in the circumstances of each case. In exercising that discretion, the court adopts a four (4) step process:
- The first task for a Trial Judge when determining an appropriate division of property is to identify the parties’ property. For this assessment, superannuation is deemed property, and such interests can be divided between parties. The Family Court values all assets as at the date of trial less any arm’s length liabilities.
- The second step is for the court to examine the various contributions made by each party to the acquisition, conservation or improvement of the joint property. The Trial Judge will recognise both financial and non-financial contributions, including those contributions made by a homemaker or parent.
- The third step undertaken by the court is to consider both parties respective future needs, considering your respective financial positions, earning capacities, whether either party has the care of a child and any other factors or circumstances which should be taken into account
- Finally, the court will consider whether the proposed adjustment of assets is just and equitable between the parties.
Our team can assist you by providing detailed advices as to your property settlement entitlements and will assist you in attempting to negotiate a commercial outcome. In the event that your matter cannot be resolved by agreement, or by mediation or collaborative law, our specialist property settlement lawyers will assist you in the litigation process.
Get in touch
To get in touch with our property settlement lawyers, fill out the form below or give us a call: +61 3 8600 6000
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
While it's not strictly necessary to have a lawyer for property settlement, it's highly recommended. A lawyer can provide expert advice, help you understand your rights, and represent your interests during negotiations and legal proceedings.
The time it takes to complete a property settlement can vary significantly depending on the complexity of the case, the willingness of both parties to cooperate, and any legal disputes that may arise. In some cases, it can be resolved relatively quickly, while in others, it may take months or even years.
The allocation of court costs in property settlement is typically determined by the court based on various factors, including the behavior of each party and the overall fairness of the outcome. In some cases, the court may order each party to pay their own costs, while in others, one party may be ordered to pay the other's costs.
Yes, a property settlement agreement can be changed, but it typically requires the consent of both parties or a court order. If circumstances change significantly or if there is a dispute, either party may seek to vary or set aside the agreement.
Yes, you can get a divorce before finalising the property settlement. In many cases, the divorce process and the property settlement process can proceed concurrently. However, it's important to note that the divorce itself does not automatically resolve property matters.
Generally, you cannot sell a property before settlement is finalised. However, in some circumstances, it may be possible to sell the property subject to the completion of the settlement process. This would typically require the consent of all parties involved and may involve specific legal arrangements.