Property Settlement

Stress-Free Property Settlement & Legal Advice

The end of a relationship is always traumatic. When there is a major dispute over property, which can include real property, super, motor vehicles and even the dog (yes, it has happened!) the lack of trust usually involved in such disputes means that it is not a good idea to try to resolve matters yourself. Apart from anything else, if the agreement is not finalised either by means of a Consent Order from the court or a Binding Financial Agreement (“BFA”), there could be hidden costs. For example, transfers of property on separation which are not made pursuant to either a Consent Order or BFA are liable for stamp duty, which could be substantial.

A BFA, in particular, has specific requirements which need to be complied with to ensure that it is binding. One of those requirements is that both parties must receive independent legal advice on the advantages and disadvantages to them of entering into the agreement.

A property settlement must be applied for within one year of any divorce being made final, or within two years of the end of any de facto relationship.

In any property settlement matter, each party must provide full disclosure of their assets and liabilities. We can help you analyse this information to assess what an appropriate settlement figure would be.

Hawthorn Cuppaidge and Badgery can help you through the process of obtaining a property settlement to ensure that you receive what you are entitled to. To be ratified by the court, any property settlement needs to be “just and equitable”, and we can assist you in meeting that test. Alternatively, we can assist you with a BFA, meaning that you do not need to be involved in court proceedings.

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