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8227 1970

Family Law

Property Settlement Agreements

Why do you need a Property Settlement Lawyer?

We understand that agreeing on property division following separation or divorce can be a difficult process. Ideally, it is a situation best resolved without resorting to litigation. Our property settlement lawyers in Adelaide can assist you through the process by way of mediation or Collaborative Practice to reach a final agreement which can then be formalised in a Consent Order to be filed in court by agreement.

Questions that arise can often include:

  • The housing and transport needs of you, your former partner and your children
  • Access to bank accounts, savings and investments
  • The status of superannuation, long service leave entitlements, inheritances, potential compensation claims and debts

If you cannot reach an agreement after some form of dispute resolution, then you can apply to the court for property settlement orders. There is time limit when making a court application. Married couples must apply to the court within 12 months of divorce and de facto couples must apply to the court within 24 months of the dare of separation. While extensions can be obtained in some circumstances, speak to us immediately if you're out of time, as further delay may prejudice your entitlements.

The court determines your matter using a four-step process pursuant to the Family Law Act. The first step is to identify and value the property of you and your former partner held jointly and individually. Consideration is then given to each party’s contributions to the relationship including financial, non-financial, and contributions to the welfare of the family including as parent and homemaker.

The court then assesses you and your former partner's future needs and includes a comparison of factors such as age and health, your ability to work, income and financial resources, and whether you have the care of children under the age of 18 years. Finally, the court will consider whether, in all the circumstances, it is just and equitable to make an order for adjustment of property.

As well as seeking orders from the court for property settlement, you may also be entitled to seek orders for spousal maintenance.

If you require the services of some of the best property settlement lawyers in Adelaide, Swan Family Lawyers can assist you.

Call us now on 8227 1970 and we will chat with you over the phone free of charge.

Family law, divorce, wills and estate specialist family lawyers for Adelaide and South Australia.

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