Perth property settlement lawyers

We will ask you questions about the assets and liabilities of the relationship, the different contributions made by each of you before, during and after the relationship ended and moving forward, any special circumstances that need to be taken into account such as the ongoing care of a child of the relationship.  We will then give you an indication of what a just and equitable outcome is likely to be.

The initial consultation is an opportunity for us to give you a broad understanding of the law that applies to you including any relevant timeframes.  We will also discuss with you with a range of options to resolve your matter and discuss which options are likely to suit you, depending on your individual circumstances.

It is helpful to bring a simple schedule of the assets and liabilities of the relationship (including superannuation) including items held in your name and the name of your former partner.  Please also think about what each item is likely to be worth or what the debt is likely to be.  You may also want to prepare a list of important times and events such as when you started living together, when you got married and when big events happened for instance, when you received an inheritance or a redundancy payment.

Generally speaking, no.  Your assets should be valued at the time of the final settlement or hearing.

It may be necessary to get valuations e.g. a licensed valuer to value real estate, an expert valuer to value a business and a “Redbook” value for motor vehicles.   When dealing with valuations, it is important to consider, and you should take legal advice, on whether a Single Expert Witness (valuer) appointment is appropriate for your case.

We would strongly encourage clients to attempt to achieve a negotiated outcome because defended court proceedings can be expensive and stressful.  Unfortunately some matters cannot not be settled and the parties may have to apply to the Family Court for property orders.

In some instances an asset is not regarded as “property” for the purpose of the parties’ family law property settlement but instead categorised as a financial resource.  Some examples are future pension entitlements, assets of a trust controlled by the other party’s parents and an overseas pension or superannuation.

Congratulations.  The hardest part is reaching agreement.

Property agreements (including spousal maintenance) can be documented with an Application for Consent Orders or a Binding Financial Agreement.  Each document is very different and a Binding Financial Agreement will require you to obtain independent legal advice and a Certificate confirming this advice has been provided to you.

To ensure you receive your rightful entitlements and/or that you are protected from further claims in future, it is important to formalise your financial settlement.  We like to refer to this as your “financial divorce” – legally ending the financial relationship created by your marriage or de facto relationship.