We act in a wide range of family law property matters from hotly contested Court battles between wealthy couples to amicable arrangements between regular mums and dads.
In property disputes, the Family Law Act requires that the Court must firstly determine the nature and extent of the assets and then in what proportions the assets are to be divided.
In deciding these matters the Court must consider the parties’ contributions (such as assets owned at the start of the marriage, inheritances etc) and the parties’ current needs (such as responsibility for the care of children, ability to earn an income, health issues, etc).
It is important that the assets of the relationship be accurately set out and sometimes this will require the obtaining of joint valuations of houses, business’ and superannuation etc.
We are familiar with many valuers in various fields and can make appropriate arrangements where necessary.
It is our preference to resolve disputes without Court proceedings where possible and we often look to arrange a Settlement Conference with the other party’s legal practitioners.
We have a very good record of resolving such disputes through mediation and conciliation.
In some cases, however the other party can prove unrealistic or unwilling to negotiate and it may be necessary to commence Court proceedings. We can assist you to initiate those proceedings (or defend them if the other side have issued them against you) and we are able to represent you at Court (or arrange appropriate representation by an experienced Barrister where necessary).
If an agreement has already been reached or agreement is reached following negotiations it will often be necessary to prepare a formal settlement agreement. We are able to assist you in drawing a Binding Financial Agreement to record the settlement or Consent Orders in the Family Court to formalise the settlement. These documents can be quite detailed; however the benefit of investing in such an Agreement is that you will then be protected against all further claims against your assets for the rest of your life. When tens of thousands of dollars are changing hands this is a wise investment.
Please do not hesitate to contact our office should you require our assistance in relation to these matters.