You may need legal help through divorce or separation
Dividing money and property after a relationship breakdown can be stressful. It should be fair if property is shared, however the way that it is shared is often complicated and may depend on the different circumstances.
We would help
Our legal advice include
How property should be divided
Normally, at divorce or separation, how the properties are divided depends on:
- Assets and debts, and what they are worth when added together
- Direct financial contributions by each party to the relationship, such as wages
- Indirect financial contributions by each party, such as gifts or inheritances
- Non-financial contributions to the relationship, such as caring for children
- Future needs – such as age, health, financial resources, caring responsibilities and capacity to earn
Going to court is costly, time consuming, and may not result in a decision that you agree with, you can avoid going to court by:
- make an informal agreement
- make a financial agreement
- get a consent order from the court
- Court order where agreement can not be made by consent
Working out property settlement
The family law courts require people applying for property settlements to make a genuine effort to resolve their matter before filing their application
Superannuation is becoming a larger asset for many people. Although it may be many years before you are able to access superannuation, it is important to consider it as part of your property settlement. Different types of superannuation may be valued and split in different ways. It is important that you seek legal advice in relation to your own circumstances.
Going to court
If you can not come to the arrangements on issues relating to property or finance, going to court may be necessary.
For property matters, parties must initiate court proceeding within 12 months from obtaining a divorce if they are unable to finalise property settlement. After this time, parties may be required to seek permission from the court to allow the court to make orders relating to their property matters.
Let Our Experience Be Your Guide
Get Your First Consultation Now
Free initial consultation
Guide & Support
Be aware of what you post on Facebook and send via email which may affect the judge’s final decision during the divorce proceedings.
It is of great importance that parents find a proper approach to inform their kids about their separation to avoid extreme and negative influence on their mental life.
It is important that you are conscientious with your own issues and your own money if you would like to obtain a responsible family lawyer.
Family lawyers at Dev Smith Nguyen prefer working in harmony, lay your trust in us and our team will do our best to make you enjoy our companion.
According to South Australia’s family law, you can reach the final property settlement of your marriage breakdown by contested or uncontested property settlement.
Though it is not a typical decision during a divorce and property settlement process, changing your family lawyer should be considered under certain circumstances.