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Brisbane Family Lawyers, Divorce Lawyer, Child Custody, Parenting Rights in Brisbane, Division of Property, Binding Financial Agreement Lawyer Brisbane, Brisbane City Lawyer, Family Law Brisbane, Legal solution to Family Law Dispute in Brisbane, Legal Services Brisbane.
"WHEN YOU ENGAGE our brisbane property settlement lawyers YOU ENGAGE TEAM YOU !"
family law - PROPERTY SETTLEMENT explained
Our Brisbane Family Lawyers assist clients to come to an agreement in relation to all financial matters arising from the breakdown of a relationship including the division of assets and liabilities, spousal maintenance, superannuation and child support in a way that is fair and equitable.
Generally, our Family Lawyers prepare agreements which can be formalised by parties such as Property Settlement Consent Orders or a Binding Financial Agreement.
In the event your former partner does not wish to come to a property settlement agreement with you our Family Lawyers often encourage tactics such as dispute resolution (mediation) to resolve property settlement matters.
The Family Law Act 1975 (Cth) imposes a strict limitation period on parties seeking orders (contested or by consent) for a property division or spousal maintenance. This limitation is one year from the date of a divorce order taking effect or two years from the date of separation in the case of de facto couples.
Any delay in acting may mean you prejudice or lose your legal rights and interests.
The Family Law Act 1975 (Cth) sets out certain factors which must be taken into account when deciding whether to alter property interests. In considering the factual circumstances of a case our family lawyers often advise whether it would or would not be just and equitable to make an order altering property interests. It is always best to speak with an experienced family lawyer before commencing property settlement negotiations with your former partner in respect of matromonial property settlement or de-facto property settlement.
Our Brisbane Family Lawyers use a logical process to identify assets and financial resources of each party by identifying and valuing all the property that is available for division which includes such things as assets, liabilities and superannuation of each person, we consider both financial and non-financial contributions (both direct and indirect) made by or on behalf of each of you to the acquisition, conservation and improvement of property.
Our Brisbane Family Lawyers often consider for example contributions such as homemaker or parent in circumstances where one party is the breadwinner and the other is a stay at home parent with care of a child or children.
Our Brisbane Family Lawyers also consider the future needs of each party, including whether either party has care of a child of the relationship, the age and state of health of each of you, the income you each earn, property and financial resources of each of you, the physical and mental capacity of each of you for appropriate gainful employment (either now or in the future), the disparity in any income earning capacities of each of you and how family and/or domestic violence may affect or has effected earnings in ensuring a fair and equitable outcome.
It is always recommend to consult with a family lawyer to discuss your individual circumstances ahead of considering property settlement matters.
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