When you separate, one of the main concerns can be how to divide your property, finances and superannuation. Whatever questions arise, we will guide you through the process.
The division of the relationship assets and finances can occur once parties to a relationship (whether married or defacto) have separated and regard their relationship has ended. It is not necessary to be divorced to finalise the division of your assets and finances.
The first step will be for us to listen to you and obtain details of your relationship. This will also include a summary of your finances such as any assets, liabilities, bank accounts and superannuation. This will assist us to have an understanding of your situation. Next, we will provide you with preliminary advice on a likely outcome regarding your matter. From there we will formulate a path with you with the aim of the most favourable outcome.
A "Balance Sheet" of the relationship's assets and liabilities will then be compiled. Both parties to a relationship are legally obliged to provide a full and frank disclosure of all their finances. Once both parties have provided all this information, we can assess your matter further and provide an updated estimate of your rights and entitlements and the likely share you may receive.
Our preference is always to negotiate a settlement in your matter, however, we will not hesitate to commence Court proceedings in the Federal Circuit Court/Family Court if this is necessary to protect your rights.
Alternatively, if an agreement can be reached via agreement or mediation, we will prepare the necessary documents to formalise the agreement. Once these documents are signed and filed with the Court, the agreement is binding and legally enforceable.
When it comes to parenting matters the welfare of the children is the most important issue.
We encourage our clients to adopt a child-focused attitude when it comes to resolving parenting matters.
What is the most appropriate outcome will depend on a complex range of factors and we will be there to provide advice and then guidance to achieve the best outcome. These matters are always best resolved without Court involvement, but we will act quickly and take action when necessary.