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A
property settlement is an arrangement about how you and
your ex-spouse 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-spouse.
How
do you sort out a property settlement?
The
best way to sort these issues out is to talk to you ex-spouse
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-spouse it is common to
get the Family Court to make a consent order that reflects
what you have agreed. The benefit of a court order is that,
if your ex-spouse doesn't stick to the agreement, you can
go to court to have the agreement enforced. We can draft
that consent order for you.
What
happens if you don't reach an agreement?
If
you don't reach an agreement with your ex-spouse we can
apply to the Family Court for orders to be made. The court
will also encourage you to agree by organising a conference
which you, you ex-spouse 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-spouse, the court can
organise the conference so that you don't have to be in
the same room.) A Registrar of the court also attends that
conference to helps the negotiations along. 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 over a year until your trial takes place.
Are
there time limits?
It
is important to remember that if you have been divorced
you only have 12 months from the date of the divorce being
finalised to apply to the Family Court for a property settlement.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are
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