Property Settlement Family Lawyers

Name: kingandyorklawyers
Address: Tower 2, level 20 201 Sydney, Sussex Street, NSW, 2000, AU
Telephone: 02 9290 8514

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Expert Property Settlement Family Lawyers In Divorce or Separation

Following the breakdown of a relationship, the division of assets and financial interests is critically important to your financial future.

Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can have an impact on the rest of your life.

It is important to obtain professional legal advice about property issues as soon as possible to ensure your legal rights and interests are protected. You don’t need to wait until you are separated to seek legal advice and commence this process. At King & York Lawyers we have a team of expert property settlement family lawyers that offer a free, no-obligation consultation, and will guide you through the options available to you, making you aware of your entitlements and giving you a clear idea of the applicable costs.

Our expert Property Settlement Family Lawyers are able to assess each individual situation to determine the most effective way to maximise your settlement. Our advice and services cover all financial matters and issues arising from the breakdown of a relationship, including the division of all assets and liabilities, spousal maintenance payments, superannuation splitting orders and Binding Child Support Agreements. We handle cases that involve simple asset division through to complicated cases involving large property portfolios, investments, companies, trusts and offshore accounts.

Property Settlement Agreements in Divorce or Separation matters

If an agreement is reached, these financial arrangements can be formalised and secured by way of Consent Orders, a Binding Financial Agreement or both, depending on the circumstances and the settlement reached. We can prepare the terms of settlement and ensure your interests are protected. In advising our clients as to their entitlements, our Property Settlement Family Lawyers apply the steps that would be taken by the Court pursuant to the Family Law Act in determining a suitable division of the matrimonial assets.

FAQ's Related To Property Settlement Matters

First, we must identify and value the assets and liabilities of the parties. This may be a simple or complex task depending on the circumstances. Both parties must provide “full and frank” disclosure of their financial circumstances so that the total “asset pool” can be identified and calculated. Assets often include real estate, savings in the bank, motor vehicles, shares, personal effects, and superannuation.

The next step is to assess each party’s contribution during the relationship, both financial and non-financial. The court will consider contributions made by each spouse during the relationship, including:

Initial contributions or assets introduced at the commencement of the relationship.
Financial contributions, including your income, any inheritances, gifts and lump sum payments received during the relationship or after separation.
Non-financial contributions such as maintenance and renovations to the family home.
Contributions made to the welfare of the family, including caring for children and performing domestic duties of the household, such as cooking and cleaning.

Having considered each party’s contributions, we must then assess the future needs of each spouse and determine if any adjustments should be made to reflect that spouse’s future needs. Matters which need to be considered include:

The age and health of each of the parties;
The income, property and financial resources of both parties;
Whether either party has the primary care of a child of the relationship under the age of 18.

Once the above steps have been followed, the Court will consider whether the proposed final distribution and the division of assets is fair.

When can I apply to the court for a property settlement or resolve my financial matter?

You can resolve your financial affairs or commence a property settlement at any time. However, there are time limits that apply depending on whether you were married or in a de facto relationship.

If you were married: the time limit is one year after a divorce order takes effect. You must be separated for a period of 12 months before applying for a divorce, which means there is a minimum period of two years before the limitation date.

If you were in a de facto relationship: The time limit for filing an application is two years after separation. Therefore, the date of separation is more important when a de facto relationship breaks down and begs the question:

For a free initial consultation,
contact King & York Lawyers today.

Hotline
02 9290 8514

Sydney office

Tower 2, level 20 201 Sussex Street Sydney NSW 2000, Australia

Parramatta Office

Level 6, 91 Phillip Street Parramatta, NSW 2150 Australia

Miranda office

Level 4, 29 Kiora Road,
Miranda NSW 2228