Defacto Property Settlement

Defacto Property Settlement

How is property divided?

From early 2009 The Family Law Act 1975 (Cth) as amended has governed the process of how de facto assets, liabilities and superannuation are divided.

A De facto Relationship is one where you and your former partner had a relationship as a couple and were living together on a genuine domestic basis.

To be eligible for a De Facto Property Settlement:

• your de facto relationship had to be for at least two years; or
• there is a child of your relationship; or
• your relationship was registered; or
• significant contributions were made by one party and the failure of the Court to make an order for property settlement would result in a serious injustice

There are many issues that are taken into account to determine how property is to be divided including who has the primary care of children, inheritances, gifts and income disparity.

I provide advice and act in De Facto Property Settlements of all types including pools containing real property, businesses, companies, partnerships, trusts, self-managed superannuation funds and farming enterprises and land.

Resolve Property Matters Amicably

No matter what your situation I work with you to ensure your interests at property settlement are protected and you achieve a fair and just outcome.

It is important to obtain legal advice early to protect your rights and so that you understand the process before you negotiate a property settlement with your former partner. Obtaining advice early can also help to minimise your overall legal costs.

I will provide you with legal advice about the division of property and about the content of property settlement documentation before you sign any documents to ensure your rights are being protected.

In the majority of matters property settlement can be resolved amicably with a Court Order being made by Consent of you and your former partner. You have two years from the date you separate to apply to the Court for a Court Order for De Facto Property Settlement.

Court

If you think that de facto property is being dealt with or disposed of without your knowledge or agreement I can act swiftly to issue Court Proceedings to obtain court orders to secure and preserve property pending a Final Court Order being made for property settlement.

Court proceedings are a last resort to resolve De Facto Property Settlement but in some instances can be the only option. I can assist you and will act on your behalf vigorously in court proceedings to pursue a fair and just property settlement for you.