Stress-Free Property Settlement Brisbane
When contemplating the most important financial decision of your life, it is important to make the right decisions. It is essential to also have a final deal that ends the possibility of claims against you for years to come.
If you separate or are contemplating separating from your spouse or partner, it is important that you get prompt advice regarding the division of the property you own, either jointly or individually. Obtaining advice early won’t be expensive and will give you peace of mind and may put you in a stronger negotiating position.
We also prepare and advise on Binding Financial Agreements for those about to be married or enter a de facto relationship, or are in an intact relationship who want certainty about the division of property should they separate or pass away.
Most divisions of property can be resolved through negotiation or alternative dispute resolution rather than a hearing in court. The alternatives to resolving matters through court are explained in the attached brochure on alternate dispute resolution. Even of those matters that start in court, only about 5% proceed all the way to a trial before a judge.
In advising you, we are guided by the five-step process that the courts apply in determining property settlement disputes. That is explained in the attached brochure. In some situations, it is necessary to protect your assets by applying to the court for an injunction to prevent your former spouse from dealing with a certain property. We can also advise you about your entitlement to or liability for spouse maintenance and child support.
We can advise you on all aspects of property settlement including:
- International property
While working alongside international colleagues as part of a team for you. - Division of superannuation
- Family companies and trusts
- Business relationships
- Tax issues
If you do reach an agreement with your former partner, it is important that it is properly formalised by way of consent orders, binding financial agreement and/or child support agreement. What form the agreement will take will depend on your individual circumstances.
Having a final property settlement that is properly formalised will usually prevent your former partner from being able to make a further claim against you later.
