Perth property settlement lawyers

Property Settlement
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Experienced property settlement legal advice

If you are considering a family law property settlement, it is important to get legal advice from an experienced family lawyer. We will help you get the best outcome in your circumstances.

Property settlement lawyers

Save time & stress resolving your family law property settlement

After the breakdown of a marriage or de facto relationship, the division of property is important to the financial future of both parties. 

It is thereof important to obtain legal advice as to your family law rights, entitlements and obligations. There are time limitations to making an application to the Family Court for property orders and you should seek legal advice to ensure you comply before it is too late. 

You can reach an agreement out of court. The agreement can be filed in the Family Court by using the process known as an Application for Consent Orders. You do not need to obtain independent legal advice to file this application but we recommend that you do.  

Another option is to formalise your agreement by way of a Binding Financial Agreement (“BFA”). Both your partner and you will need to obtain independent legal advice from a family lawyer for the BFA to be binding. A BFA is not filed at Court.

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Leading property settlement lawyers

Successfully negotiating & litigating family law property matters

From the start of your family law property matter until it is finalised, you must ensure that you comply with your legal obligation to provide to the other party information and documents that are relevant to your case. This is referred to as your “duty of disclosure”. Your duty applies whether you are negotiating a settlement or whether you are in defended court proceedings. 

Failing to provide “full and frank” disclosure can have serious consequences for you e.g. the court may make a finding against you when deciding the outcome of your case, the court may make a costs order against you or your final Family Court property orders may be set aside. 

Different Rules apply to the production of documents, copying, inspection and so on.  Some documents may be subject to privilege.  To ensure you comply with your duty of disclosure, you should take legal advice from one of our experienced family lawyers.  

Why

Perth Divorce Lawyers

First consultation

Contact us to arrange a fixed fee consultation with no ongoing obligation. You decide the scope of our involvement in your matter, whether that be once off legal advice or ongoing legal representation.

We investigate. We listen.

We give your matter the attention it deserves. We pride ourselves on providing our clients with the highest standard of representation – no matter how simple or complex your matter, it is our top priority.

Exceptional client care

We understand that every client is unique. We take the time to get to know you and your situation. We are transparent, approachable and here to help, structuring our legal services to best suit your needs.

Your case is handled by experienced senior lawyers

You can rely on consistent legal representation. Work with the same experienced lawyer every step of the way.

We are a boutique family law firm

As a boutique law firm, we can give your matter the attention it deserves. We thrive on taking on matters that are complex or that may require a different approach.

Your outcome is our priority

Perth Divorce Lawyers is a results-driven family law firm. We are here to help. Let us navigate you toward a time and cost-effective resolution.

Property settlement process

Protecting what you value most

If you are going through a separation or divorce, the legal process can be overwhelming.

When you have to divide the assets and liabilities of your relationship or marriage, it can be difficult to know what a fair outcome looks like and what to do next. 

You want to protect your assets and you want to make sure that you are getting what you deserve.

We are here to help you successfully get through the process.  

Identifying & valuing Assets

Together we identify your net asset pool and financial resources. This considers all the assets (e.g. house and superannuation) and liabilities (e.g. your mortgage, credit card and tax debts).

Assessment of contributions

The next step is to assess the parties’ contributions – financial (e.g. earnings, assets and inheritances) and non-financial contributions (e.g. looking after the home and children of the relationship).

Assessing future needs

After an assessment of the contributions, consideration must be given to each party’s future financial needs. Matters that may be relevant here are e.g. the parties’ age, health and earning capacity.

Just and equitable

Lastly, to ensure that a property settlement is “just and equitable”, the overall effect of the proposed settlement on both parties must be considered so that the distribution of assets is fair.

Property settlement tips & advice

Simplifying property settlement for you

01
Time limits apply

In WA de facto parties must apply for property orders within 2 years from separating. Married parties have 12 months after their Australian divorce order has taken effect to apply for property orders.

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02
Seek the appropriate legal advice

There is no substitute for experience. Our lawyers have more than 25 years’ experience in all areas of family law. Let us help navigate your family law property settlement and guide you to resolution.

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03
Understand the underlying law

In WA de facto couples remain subject to State Law about property division and adult financial support. We await changes to the WA de facto superannuation splitting laws.

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Take the process one step at a time

We understand property settlements can be stressful. Rest assured, these issues are resolved in due course. We will use our experience to guide you through the process so that you can move forward.

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Testimonials

Satisfied clients

Mr C

Ballajura, WA
Annelie Van Zyl provided me with excellent legal service. Going through a divorce including property settlement, I didn’t know what to expect. Aside from her obvious skill and remarkable success rate, Mrs. Van Zyl is genuinely committed to her clients. …

Ms S

Hocking, WA
I approached Perth Divorce Lawyers as I was referred by a good friend and colleague and needed specialised assistance with my Family Court matter. Perth Divorce Lawyers helped me though the complex process of my matters. As there were a number of issues there was a lot of preparation before the hear…

Ms M

Perth, WA
I approached Perth Divorce Lawyers because I required assistance with my Family Court proceedings mainly requiring legal assistance with parenting and financial matters including the preparation of my will and divorce matters.Perth Divorce Lawyers helped me by providing sound legal advice, complet…

Mr L

Aveley, WA
Under difficult and emotional circumstances I received expert guidance throughout the legal process. Yes, it is expensive that I can’t deny though in retrospect my final settlement and fees were better than forecast. The decision to choose Annelie and pursue a fair share of assets was without doubt …

FAQs

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.