Our solicitors at Lane & O’Rourke act in connection with a number of Family Law Property settlements and divorces each year. We understand that this can be a very sensitive time for everyone involved and so we do our best to take a civilised and professional approach to all matters.
Here are some frequently asked questions our clients have regarding the division of their assets following the breakdown of their relationship:
Do I have to be divorced to split the property?
As soon as you and your spouse have separated you can start to make arrangements regarding the division of your assets. You do not have to wait until you are divorced.
That being said, if you are divorced, it is important to note that you have a period of 12 months from the date of the divorce order to commence proceedings in Court regarding the division of your assets.
It is certainly not the case that you will need to go to Court. In fact, most of our clients are able to settle the matter between themselves and their agreement can be finalised by the creation of a Binding Financial Agreement or by obtaining Consent Orders from the Family Court of Australia.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach an agreement, and to this end, you will be ordered to participate in dispute resolution such as mediation.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Circuit Court.
The matter will be set down for hearing and a legally binding decision will be made by the court.
We can help
Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators and will make sure that you get the best possible outcome.
Contact us today to discuss your particular situation with one of our solicitors at Earlwood.
What do I need to apply?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
What about property?
You may be able to reach an agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach an agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.