- Alternate Dispute Resolution – Mediation or Collaborative Law;
- Likely entitlement following separation – either married or de facto partners;
- Property Arbitration;
- Negotiating and Preparing Consent Orders for property settlement;
- Preparation of documents, representation and negotiations for property settlement before a Court;
- Spousal Maintenance; and
- Urgent Applications for property matters.
If you’re looking for property settlement lawyers in the Brisbane area, VM Family Law should be your first choice, as we have extensive experience in the area.
At VM Family Law, our family lawyers are experienced in representing clients for property settlement matters in Brisbane. Our lawyers can represent you at final hearings or brief a barrister, depending on your requirements. In addition, our property settlement lawyers in Brisbane can assess your situation and let you know the possible outcomes of your case. Reaching a property settlement agreement can be complex, but VM Family Law simplifies the process so you can move on faster. Chat with our team today, or book a consultation online.
We all enter into relationships hoping they’ll last forever, but unfortunately, they sometimes break down irretrievably. Divorce, separation and other issues, including property settlement, evolve from this. Property settlement can be a difficult situation for any family.
This is why getting advice from professional and qualified property settlement lawyers in Brisbane like those at VM family law is non-negotiable. Contact us today to learn more about how we can help with your situation.
When you separate or divorce a partner, you will need to agree with your partner on how to divvy up any shared property. This agreement is known as a property settlement agreement.
Property settlement is not only for married couples. Those in de facto relationships and even regular couples can enter into a property settlement agreement.
Without a legally binding property settlement after separation, you might lose out on properties or assets you are entitled to from your relationship. This is why it is best to contact qualified property settlement lawyers in Brisbane to draw up this agreement.
The court will evaluate the assets of both parties and what you both have contributed to the union, financially and otherwise. The court will then determine whether the stipulations outlined in the agreement are “just and equitable”, i.e. fair and reasonable.
The court is not restricted to only sharing assets obtained during the marriage but can also divvy up those acquired prior to the beginning of the relationship. The pool of assets that come under property settlement therefore includes:
- Property held in just one name
- Jointly owned assets
- Superannuation of either party
- Business interests of either party
- Shares or interests in a company owned by either party
- Family trusts as well as other trusts interests of either party
- Funds or interests over which a single party has control or influence
- Assets owned prior to the commencement of the relationship or acquired during the relationship
- Assets acquired after separation
Contact us to ensure that you get the best deal for your situation.
The court will also assess each party’s capacity to support any children and thereafter work out a fair and equitable allocation of the assets and responsibilities.
Property settlement matters are based on merit. That said, to get a property settlement, either you or your partner can apply to the court. If you were married, you can apply for a property settlement immediately after you’re separated or up to 12 months after filing a divorce order.
If it is a de facto relationship, then you can apply for a property settlement agreement up to 2 years after separation. However, this is if you’ve been in the relationship for at least 2 years or have one or more children together.
There’s no specific length of time for finalising a property settlement. It might take weeks or even months for everything to be completed, and new assets might need to be added to the agreement over time. The time taken relies on the number of assets to be divided, the cooperation of each party, etc.
There are situations that may call for a property settlement agreement to be changed. Such as:
- There are substantial assets that were not initially disclosed.
- Where one of the parties was forced to sign a consent order.
- It is not practicable to carry out part or all of the court’s orders.
- Circumstances arise that make it necessary for the court to amend the order where it involves the welfare of a child.
Note, however, that it can be a financial and emotional strain to have the agreement reopened. Again, we cannot overstress the need for a good family lawyer in making a property settlement agreement, so be sure to contact us as soon as possible.
You can get a divorce prior to making a property settlement. You must, however, apply for a property settlement within 12 months after being divorced or within two years of separation.
Trusted Family Lawyers Brisbane To Reach Your Property Settlement Agreement
Having the right team for property settlement on your side will take a load off your shoulders. That is why at VM family law, we are the right team for you. We will show you how to go about your property settlement effortlessly, with the best advice for your case.
We will guide you every step of the way and ensure that you have a favourable property settlement agreement, leaving no stone unturned.
So, contact us today if you need a property settlement lawyer in Brisbane.