Property Settlement Lawyers
Offices in Narre Warren, Warragul & Online
Servicing Victoria, South East Melbourne Suburbs & Gippsland areas.
Casey Family Lawyers are skilled property settlement lawyers with many years of experience negotiating and preparing property settlements in Melbourne.
Our offices are in Narre Warren and Warragul and we also offer online consultations, providing the best advice and representation in all aspects of property settlement and family law in Melbourne’s south east.
What is the role of a property settlement lawyer?
A property settlement lawyer can assist with the division of assets and liabilities between parties following the breakdown of a marriage or de facto relationship. When a couple separates, they need to divide their property and financial resources in a fair and equitable manner.
In Australia, property settlement is governed by the Family Law Act 1975. The main objective of property settlement is to achieve a just and equitable outcome for both parties, taking into consideration their respective financial and non-financial contributions to the relationship and their future needs.
Casey Family Lawyers are skilled property settlement lawyers able to provide advice, negotiation, litigation and representation in all aspects of property settlements.
What type of property is included in property settlements?
Property settlement can include a wide range of assets and liabilities, such as:
- Real Estate: Family homes, investment properties, and other real estate assets.
- Financial Assets: Bank accounts, shares, investments, and superannuation.
- Personal Property: Vehicles, jewellery, artwork, family pets and other possessions.
- Business Interests: Ownership or interests in businesses, partnerships, or trusts.
- Debts and Liabilities: Loans, mortgages, credit card debts, and other liabilities.
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What steps are involved in property settlements?
- Identifying and Valuing Assets and Liabilities: Both parties must disclose all assets and liabilities, and their values, to ensure transparency in the process.
- Assessing Contributions: The contributions made by each party during the relationship, both financial and non-financial, are considered. This includes financial contributions like income and asset acquisitions and non-financial contributions like homemaking and child-rearing.
- Assessing Future Needs: The Court will also consider the future needs of each party, such as their age, health, earning capacity, and care responsibilities.
- Just and Equitable Division: The Court will determine a just and equitable arrangement for both parties based on the above considerations.
Property settlement disputes can be resolved through negotiation, mediation, or the Court if an amicable agreement cannot be reached. Parties must seek legal advice from a family lawyer to ensure they understand their rights and entitlements during the property settlement process.
A legally binding property settlement can provide a fair and final resolution, enabling both parties to move forward after the end of their relationship.
Casey Family Lawyers are skilled property settlement lawyers with offices in Narre Warren and Warragul. We will work tirelessly to get a fair and equitable outcome for you and your family.
Get started today and discover the compassionate, professional support you deserve!
Property Settlement lawyers with realistic solutions
Casey Family Lawyers provides advice, negotiation and litigation representation in all aspects of property settlements and family law matters. Â
Having practised in the family law jurisdiction for more than ten years, our Principal Lawyer and Owner Kelly Beck understands how complex, challenging and emotional a property settlement and family law matter can be. Â
Trust Casey Family Lawyers to protect your rights, navigate complex legal matters, and work tirelessly with compassion to achieve realistic solutions and the best possible outcome for you and your family.
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FAQ
Common Property Settlement Questions
Yes, property settlement laws apply to both married couples and de facto relationships in Australia, which includes same sex relationships.
Assets are typically valued at their current market value or fair market value at the time of the settlement. Expert valuers may be engaged to assess certain assets.
Yes, couples are encouraged to negotiate and reach an agreement outside of court through mediation, collaborative law, or lawyer-assisted negotiations. A consent order can used to make the property agreement binding or binding financial agreement.
If agreement cannot be reached, the matter may need to be resolved in court.
Yes, assets acquired after separation, but before a property settlement, may still be subject to division.
Yes, property settlement can be finalized independently of the divorce process.
If you suspect hidden assets, you can seek court orders for financial disclosure and engage professionals to investigate.
While legal representation is not mandatory, seeking advice from a family lawyer like Casey Family Lawyers is highly recommended to ensure your rights are protected and you receive a fair settlement. It is extremely important that any settlement is formally and expertly drafted by a lawyer to ensure it is binding.
