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Property Division Between Separating Couples

We provide specialist advice with respect to all facets of the division of property between separating couples, whether they were married or de facto.

Where the parties have an agreement, we advise as to whether those agreements are fair, and assist the parties to enter into binding agreements or court orders which give effect to the agreement. You should note that agreements that do not meet the complex and strict requirements set out under the Family Law Act are not binding, and leave open the possibility of either party asking for a further share, even if both parties signed a document, and even after property has been distributed.

Where parties are not in agreement, we can assist them to understand their rights, entitlements and obligations, and work with them towards achieving a fair resolution with the other party.

 

See us about:

  • Divorce;
  • De facto Issues (mostly now covered by Family Law Act)

 

Financial Issues including:

  • Property Division - including de facto relationships
  • Superannuation (including self-managed superannuation funds), long service leave and other "financial resources" - See Related Reading;
  • Spousal maintenance
  • The effect of Family or Unit Trusts on property entitlements
  • Binding Financial Agreements
  • "Pre-Nuptial" Agreements

 

Urgent applications when:

  • One party is trying to hide or dispose of property

 

Existing Orders

  • Changes to existing orders
  • Enforcing orders when one party is not complying

 

Consent Arrangements

when everyone is in agreement, and you just want to record and make that agreement binding and final:

  • Consent Orders
  • Binding Financial Agreements
  • "Pre Nuptial" agreements

 

Taxation Issues

the implications upon Family Law settlements of:

  • GST
  • Income Tax
  • Capital Gains Tax
  • Stamp Duty

 

For help call our team.

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