Family Dispute Reolutin Practitioner (FDRP)

Our property settlement team will review your matter. Our experienced settlement lawyers will ask the the right questions to establish the facts and gather the information required, to move your matter along efficiently.

Our Simple 4 step process means that we don’t waste time or money and can give you the answers and advice you need, in order to make an informed decision.

The Adelaide Legal  property settlement lawyers are expert in complex property settlements.

Working in conjunction with the commercial law team, we are able to offer a unique and superior service on complex family law property settlement matters, for high net worth individuals and matters involving high value asset pools.

• The age and state of health of each of the parties.
• Income, property, finances and ability to earn an income.
• Whether either party has the care or control of a child of the marriage who has not attained the age of 18 years.
• Commitments relating to support of themselves, a dependent or other person.

• Eligibility for a pension, allowance or benefit.
• Where the parties have separated or divorced.
• The extent to which payment of maintenance could enable further education and therefore increase their earning capacity.
• The effect of any proposed order on the ability of a creditor of a party to recover a creditor’s debt.

• The extent to which one party has contributed to the income, earning capacity, property and financial resources of the other party.
• How the length of the marriage affected the earning capacity of the party seeking maintenance.
• The need to protect a party who wishes to continue their role as a parent.
• Financial circumstances of any current cohabitation by either party.

• Orders made under Section 79 of the Family Law Act, if any. This section regulates how assets are to be divided.
• Any child support that one of the parties is liable for.
• Any fact or circumstance which the court feels needs to be taken into account for reasons of justice.
• The terms of any financial agreement binding on the parties to the marriage.

Adelaide Legal is here to support and guide you towards the best possible outcome for you. We can help you work through the many issues you encounter when faced with the prospect of divorce, such as resolving property matters and ensuring that the children are cared for, with minimum disruption to their routine. Sensible advice for a sensible separation and a sensible divorce.

Many people think that a property settlement can only be undertaken after divorce or separation is finalised, but that isn’t the case. In fact, you can finalise your property matters any time after separation and indeed, many clients choose to do so. We are here to help you work through it.

To make it easier on you, our experienced Adelaide Legal family lawyers offer a free 30 minute, no obligation consultation, where we can talk you through your options. Sensibly.

Yes. The time limit to bring a claim commences from the date of separation, so it is important to get advice as soon as possible after your relationship has ended. For a defacto relationship, this is generally two years from the date of separation.

In the case of a marriage, once a divorce has been finalised there is a 12 month time limit within which your property settlement must be finalised, otherwise you may lose your right to bring a claim in the Court if the matter cannot be resolved without litigation. You can apply for property settlement at any point after separation.

If you and your ex-partner are still communicating, it is best to see if you can reach a mutual agreement in relation to your joint property and assets. Of course, before you do so it is ideal to get independent legal advice, so that you are aware of your rights and what you are entitled to.

If you can reach an agreement, then you and your ex-partner can apply to the Court for Consent Orders to be made ex-parte, i.e. without the need for a Court appearance and without going through the Court system. Consent Orders are legally binding and enforceable and the Court will consider the facts of your matter to determine whether the agreement is fair and equitable.

If you and your ex-partner can’t reach an agreement, then it may be necessary to make an application to the Court. The Court will take into consideration all of the factors of your case and will organise a conciliation conference where you, your lawyer, your ex-partner and their legal representative can meet in an attempt to reach agreement. If there is any reason that you do not feel comfortable being in the same room as your ex-partner, then it can be arranged for you to be in separate rooms.

If agreement cannot be reached by way of this conciliation conference, then the matter would proceed to trial and the Court would make a decision on the distribution of the assets of the relationship based on the evidence presented.

Superannuation can be a major asset which is also considered as part of the marital/defacto property pool, and may be equalised between the parties as part of your property settlement. Superannuation isn’t always straightforward, so let us help you cut through the jargon and keep it simple. The sensible way.

At Adelaide Legal we understand that this can be an overwhelming and emotional time, and that’s why we work with you to achieve the best possible outcome. Regardless of the complexities of your case, you can rely on us. Whether we resolve your matter by consent or through litigation, our team of property settlement lawyers in Adelaide will be with you every step of the way.

Call us today on (08) 8410 9294 to arrange a meeting, or email us at info@adelaidelegal.com.