Property Settlement

Property Settlement

Once you have resolved the issues as to the children it is important to turn your attention to seeking a distribution of the pool of property that represents the your share of the assets of the marriage.

We have the extensive experience to ensure that the appropriate process is undertaken should you require simply formalising your agreement and including the splitting of Superannuation. Unfortunately the only manner in which Superannuation can be split as part of a property settlement is by Court Order or a Binding Financial Agreement.

We can assist you in determining the amount you are entitled to from the pool of assets of the marriage. To assist in this advice it is important for you to make a list of the assets and liabilities of the marriage and their approximate value. It is also important to write down a chronology of the events that surrounded the marriage including what assets and liabilities you came into the marriage with what contributions were made by you both financially and non financially during the marriage and any extra amounts that you received such as injury payments, inheritances etc throughout the marriage.

If you were in a de facto relationship special rules apply as to which Court you will apply to and what you can claim. We can advise you as to your entitlement and the appropriate Court to proceed through.

Please note there are strict time limits for issueing proceedings for property distribution and it is important to seek advice as quickly as possible to ensure that you do not lose your opportunity to claim you share of a property pool.

You may also have an entitlement to Spousal Maintenance if your expenses exceed your income or you have no income. Spousal Maintenance is a requirement that you be maintained by your former spouse due to your having insufficient income to support yourself.

Binding Financial Agreements/Pre-nuptial/Cohabitation Agreements (BFA)

These agreements can be made by married or de facto couples before the marriage or cohabitation during the marriage or cohabitation or after marriage or cohabitation(once separated).

If you have more assets than your partner and you wish to protect those assets and exclude them from distribution then a BFA will ensure that those assets are excluded from being distributed pursuant to the Family Law Act.

We have acted for many parties in the drawing of these agreements and have acted in advising a party once an agreement is drawn by their partner.

These agreements require strict application of the rules and requirements and failure to adhere to those requirements will render the document invalid.

With over 20 years experience in the Family Law Courts, Joseph O’Hare has the expertise to ensure that you receive your rightful entitlement to a distribution of the property pool. You will be assisted exclusively by Joseph O’Hare who will handle your matter without it being referred to a junior Solicitor or Paralegal.

Ask about our Separation brochure.

We will take the time to listen to your issues and we will put forward solutions that are easy to understand and will be the most cost effective for you. Contact Joseph O’Hare to make a convenient time to discuss your rights and ensure you receive your rightful entitlement.