Many separated couples feel overwhelmed by the different issues that arise and need to be resolved between them and their previous partner. Sometimes these problems persist for an undue period of time. There can be a wide range of decisions that need to be made and our solicitors focus on trying to help separated spouses resolve their different issues and where possible reach a mutually beneficial outcome. We use our best endeavors to provide prompt, accurate, solution driven, useful and supportive advice to our family law clients whether it be by way of an initial consultation to obtain general advice, or to act for and represent you in an ongoing matter.
At KCH Lawyers we can provide assistance for a range of matters relating to family law and de facto relationships, including:
Do I have to be divorced to split the property?
As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.
The matter will be set down for hearing and a legally binding decision will be made by the court.
How does the court decide?
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewelry, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.
Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.
Lastly the court will make a decision based on what is just and equitable to both parties.
We can help
Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome.
Contact us to discuss your particular situation.
Marriage, De Facto and Divorce Law
- Prenuptial agreements (prenups)
- Divorce in Australia including preparing and serving divorce papers
- Legal separation issues
- Annulment of marriages
- Spousal maintenance
- Property settlements
- Binding Financial Agreements
- Domestic and family violence and apprehended violence orders (AVOs)
- Family Mediation
- Legal representation at Family Court
- Child support and enforcement of payments
- Parenting plans for child custody and visitation
- Parental rights, father’s rights and grandparent’s rights
- Guardianship of children
- Children’s Court
Contact us to arrange a consultation.
KCH Lawyers principal, Wayne Howard, is a member of the Family Law Practitioners Association Queensland (FLPA) and the Family Law Section (FLS). These association allow their members to maintain their skills and industry knowledge by offering seminars, lecture and webinars which explore topical issues for family law practitioners and emerging legal challengers for modern families.