Dividing property and assets can be one of the most emotionally draining and distressing parts of a divorce or separation.
While some couples are able to reach an agreement about their shared property at the end of a relationship, at Mahony Family Lawyers we understand that it is not often easy to obtain a fair result, or keep all the financial details clear, at such an emotional time. Our experience, our understanding approach and our negotiating skills all assist in resolving complex property matters.
At Mahony Family Lawyers we have the experience, knowledge and understanding to assist you, no matter what your family situation. Call us today on 02 8865 8833 or send us an email at firstname.lastname@example.org to make an appointment.
Any divorce or separation will be emotionally distressing and painful, and so sometimes couples focus on their belongings and assets, rather than facing the difficult question of the future of their children. Part of our role at Mahony Family Lawyers is to help keep you focused on all issues post-separation.
Every families’ possessions are unique and will be divided in different ways in every case, so the law is broad enough to recognise all kinds of different situations. Almost everything that a couple owns can be called into question in a divorce or separation, and sometimes strong evidence will be needed to show that a certain asset or item belongs to one spouse or partner.
The property covered in divorces and separations could include cars, real estate (both family homes and investment properties), financial assets such as superannuation or shares, furniture and valuables (such as antiques or jewellery, including inherited items).
Australian Family Law requires property disputes to begin with mediation and negotiation, keeping the process out of Court, if at all possible. Often, divorcing or separating couples can reach an agreement on dividing their property this way, and if that is the case, then the Court can grant a Consent Order, reflecting the agreement.
If mediation does not lead to an agreement about property and assets, then the Court may have to make a decision. To do this, the Court considers the overall monetary value of the couple’s total possessions and assets, compares the contribution each spouse or partner has made (through past gifts, inheritances, exchanges and so on), their future needs, and how a property settlement will affect each of them.
Consent Orders are agreements that a divorcing or separating couple can reach on financial issues, in mediation or in Court, that the Court will accept and make legally binding. At Mahony Family Lawyers, we advise separating or divorcing couples to try and pursue Consent Orders wherever possible.
Property settlements can be complex and often they are emotionally very difficult, whether in mediation or in Court. At Mahony Family Lawyers we have the experience and dedication to work for the best results possible in your case. We are respected for our tenacity, and practical approach to property settlements.