Looking For A Property Lawyer In Geelong? Our Experienced Family Lawyers Can Help
Separating from your partner can be one of life’s most challenging experiences, particularly when it comes to dividing your assets and financial responsibilities. Whether you were married or in a de facto relationship, reaching a fair property settlement is extremely important.
At Cornish Lawyers, our experienced property lawyers in Geelong provide practical, strategic advice to help you navigate the property settlement process. We take the time to understand your circumstances, explain your legal rights and obligations, and work towards achieving a fair and equitable outcome.
Where possible, we help clients resolve property matters through negotiation and agreement. When necessary, we provide strong representation through mediation or Court proceedings to protect your interests.
What Is A Property Settlement?
A property settlement is the legal process of dividing the assets, liabilities and financial resources accumulated during a marriage or de facto relationship.
Contrary to popular belief, property settlements are not limited to the family home. They include all assets and liabilities that were accumulated during the relationship. They also include assets that each party brought into a relationship. These assets include:
- Real estate owned or partially owned by either party
- Investment properties owned or partially owned by either party
- All bank accounts including money in only one partner’s name
- Superannuation
- Businesses, partnerships and company interests
- Trusts and investments
- Motor vehicles and caravans
- Shares and other investments
- Mortgages
- Credit card debts
- Personal loans
Every financial situation is different, which is why obtaining advice from an experienced property lawyer Geelong is essential before making decisions about your future.
is essential before making decisions about your future.
Who Can Apply For A Property Settlement?
Under the Family Law Act 1975, both married and eligible de facto couples can apply for a property settlement following separation.
You may be entitled to seek a property settlement if:
- You were married
- You were in a de facto relationship, generally for two years or more.
- You have a child together.
Even where assets are held in one person’s name, they may still form part of the overall property settlement.
Our experienced Geelong solicitors can advise whether you are eligible and explain the options available to you.
How Is Property Divided After Separation?
Many people believe property is automatically divided equally after separation. In reality, the Court considers a range of factors to determine what a just and equitable settlement is.
Generally, the property settlement process follows four key steps.
Step 1 – Identify The Asset Pool
The first step is identifying the total value of the property pool.
This includes all assets, liabilities and financial resources owned by either party, whether jointly or individually.
Full and honest financial disclosure is required throughout the process.
Step 2 – Assess Contributions
The Court then considers the contributions made by each party throughout the relationship.Contributions may be financial but they also include looking after children and homemaking.
Contributions may include:
- Assets that each party entered the relationship with
- Income earned during the relationship
- Gifts and inheritances that one party received
- Contributions towards the house
- Parenting
- Renovating or improving property
- Supporting the other party’s career or business
Step 3 – Consider Future Needs
The Court also considers each person’s future circumstances, including:
- Age
- Health
- Income earning capacity
- Care of children under 18
- Financial resources
- Ability to obtain employment
These factors help determine whether one party may require a greater share of the asset pool.
Step 4 – Ensure The Outcome Is Just and Equitable
Finally, the Court considers whether the proposed settlement is just and equitable in all the circumstances.
At Cornish Lawyers, our experienced property lawyers in Geelong will provide practical advice about the likely range of outcomes based on your individual circumstances, allowing you to make informed decisions before reaching an agreement.
Property Settlements For De Facto Relationships
Many people mistakenly believe property settlement laws only apply to married couples. This is incorrect. Indeed, de facto partners have similar rights to married couples under the Family Law Act 1975.
If your de facto relationship has ended, you may still be entitled to seek a property settlement depending on factors such as:
- The length of the relationship
- Whether you have children together
- Financial contributions made by either party
- Non-financial contributions to the relationship
Our Geelong solicitors regularly advise clients on de facto property settlements and can help you understand your legal entitlements.
Consent Orders Or Binding Financial Agreements?
Once an agreement has been reached, it is important to formalise the settlement to provide certainty and protect both parties.
Our experienced property lawyers in Geelong can explain the advantages of each option and recommend the most appropriate solution for your circumstances.
Consent Orders
Consent Orders are reviewed by and approved by the Court and thereafter become legally binding. When a party breaches an order, the other party can go to the court to have this order enforced. Consent Orders provide certainty while avoiding the stress of contested Court proceedings.
Binding Financial Agreements
A Binding Financial Agreement is a contract between the parties that privately documents their financial settlement. A Binding Financial Agreement does not require Court approval. Both parties are required to receive independent legal advice.
Property Settlement Mediation
Most property settlement disputes can be resolved without going to court. Mediation provides an opportunity to negotiate a financial settlement with the assistance of an independent mediator.
Benefits of mediation include:
- Lower legal costs
- Faster resolution
- Greater flexibility
- Reduced conflict
- More control over the outcome
Our Geelong solicitors can prepare you for mediation, negotiate on your behalf and ensure any agreement properly protects your interests.
When Court Proceedings Become Necessary
While many matters resolve through negotiation or mediation, some disputes require Court intervention.
This may occur where:
- One party refuses to negotiate
- There are concerns about hidden assets.
- Financial disclosure has not been provided
- Complex business or trust structures exist
- Urgent orders are required
If litigation becomes necessary, our experienced property lawyer team in Geelong will represent your interests at every stage of the proceedings while continuing to explore opportunities for settlement wherever possible.
Frequently Ask Questions
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At Cornish Lawyers we offer a free consultation so that you can discuss your family or property law rights with an experienced lawyer. Don't hesitate to take advantage of this opportunity to consult with our knowledgeable family lawyers in Geelong.
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