Do I have to be divorced to split the property?
As soon as you have separated you can make arrangements to split your property and debts between you and your ex-partner, you do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split and an application for property orders must be filed with the Family Court or Federal Circuit Court. This application must be made within 12 months of your divorce becoming final or 2 years after separation, if you were in a de facto relationship.
The matter will be set down for hearing and a legally binding decision will be made by the court.
Salisbury Lawyers can also help by giving you advice on other important issues like what to do about paying the mortgage and other joint expenses, and whether or not you or your the other party leave or need to leave the matrimonial home.
How does the court decide?
Firstly the court will calculate the total assets owned by both parties, including property, superannuation, shares, cars, jewelry, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.
Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.
Lastly the court will make a decision based on what is just and equitable to both parties.
We can help
Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and if your matter can’t be settled by negotiation then we will fight hard for you to make sure that you get the best possible outcome on court.
Asset rich but cash poor?
At Salisbury Lawyers we understand that separation can occur without notice, and until a settlement is finalised you may have assests without access to money. Ask us about our deferred payment options for property settlement matters.
Why use Salisbury Lawyers?
As lawyers experienced in this process we can advise you in regard to the complexities of your specific situation as well as guide you through what can be a stressful and confusing process. We can help take the heat out of a difficult emotional situation and negotiate on your behalf to obtain the best possible result for you. And if it comes to court, we are deeply familiar with the court system and can use our experience to your advantage.
Salisbury lawyers offer fixed fees on all private matters, that’s right, no hourly rates or surpise bills and we regulary appear in the Family Court of Australia, and in the Federal Circuit Court of Austalia. We can appaear for you here in Adelaide or in the Broken Hill & Mount Gambier Circuits as well as any other state or territory in Australia.
Contact us to discuss your particular situation with an experienced family lawyer here at Salisbury Lawyers.