|
A
property settlement is an arrangement about how you and
your ex-partner divide up your property.
'Property'
can be almost anything. It includes the obvious things like
a house or a car or money in a bank. But it also includes
less obvious things like long service leave entitlements,
superannuation, potential compensation claims and debts
owed to you or your ex-partner.
How
do you sort out a property settlement?
The
best way to sort these issues out is to talk to you ex-partner
and reach an agreement. It is wise though to get independent
legal advice before you do that, so you know exactly what
your entitlements and obligations are.
What
happens if you reach an agreement?
If
you reach an agreement with you ex-partner it is advisable
to get a Certified Agreement drafted. The benefit of a Certified
Agreement order is that, if your ex-partner doesn't stick
to the agreement, you can go to court to have it enforced.
What
happens if you don't reach an agreement?
If
you don't reach an agreement with your ex-partner we can
apply to a court for orders to be made. The court will also
encourage you to agree by organising a conference which
you, you ex-partner and your lawyers attend. (If it has
been a violent relationship, or there are other reasons
why you don't want to see your ex-partner, the court can
organise the conference so that you don't have to be in
the same room.) If that conference doesn't resolve things
the case is referred to the waiting list for a trial. Because
that list is long, you may have to wait for up to a year
until your trial takes place.
Are
there time limits?
It
is important to remember you have only 12 months from the
date of separation to apply to court for a property settlement.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are
|
