The property settlement process

The Family Law Act encourages parties to attempt to settle their matter before commencing action in the Family Court, except in certain cases (for example, in relationships involving domestic violence). You can attempt to settle through direct negotiation or through a structured mediation.

If you reach a settlement at mediation, we can assist you in drafting your agreement into the correct form for submission to the Family Court. This agreement will then have the same effect as if it was made by a Judge or Magistrate in a contested hearing.

The Family Court may impose penalties upon parties that file an application without having first attempted settlement. We can provide advice about the dispute resolution options that are appropriate for your individual circumstances.

If you and your former partner come to an agreement it is important to ensure that your interests are protected and that you are receiving an equitable settlement. We can provide you with advice on the likely amount you would receive if the matter went to court and whether it is in your best interests to settle.

Getting to court

To commence a case in court, an application together with supporting documentation needs to be filed in the Federal Magistrates Court or Family Court. The decision about where to file depends on the value of your property and the complexity of your case.

If you retain us to act we will:

1. Prepare the necessary documentation and ensure compliance with the Court Rules and legislation;
   
2. Appear with you at the Family Court;
   
3. Act as your representative at court appearances and conferences.
   
4. Provide you with detailed specialist advice throughout the process.
   
   

Your case will be managed by the Court. You will attend hearings and conferences as the matter progresses. The Family Court encourages parties to settle their dispute at any time.

How the property is divided

There are four main steps in assessing property division:

1. Identify the assets and liabilities of the parties;
   
2. Assess each party’s contributions to the assets (including contributions as a parent or homemaker);
   
3. Make any adjustments necessary for the future needs of the parties; and
   
4. Ensure this process produces a just and equitable result.
   
   

This process can be complicated and we recommend that you seek advice as to how your personal circumstances will affect your potential settlement.

If you would like an estimate of the likely range of outcomes in your case and relevant information for property settlement you can make an appointment to discuss your situation with us.

After your settlement

With the breakdown of a relationship, there is often more to consider in addition to dividing the assets and liabilities. We can provide advice about issues associated with your family law settlement including: (and link to pages)

• Wills and estates;
  
• Company and trust restructures;
  
• Taxation consequences; and
  
• Commercial and residential conveyancing.
  
  
  

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