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Family Law > Property Settlement

Property Settlement

When you need to know your options and your rights and you want swift attention to your Family Law concerns, the Anumis Dream Team has your back. We’ll listen to you, advise you, mediate, negotiate and litigate to take best care of all your legal needs.

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We strive to help create fair property settlements for all

When a relationship ends, working out how best to divide assets owned jointly can be a painful business. The experienced, compassionate legal team from Anumis Legal can help. We assist our clients with all aspects of property settlement.

Clients have the option to either divide their assets using a consent order or a binding financial agreement (BFA). The former can be agreed upon between the parties without recourse to legal assistance and is then approved and enforced by the courts.

A BFA is a legally binding contract drawn up between the two parties. Both parties must have legal advice on the terms of the BFA for it to be binding.

How we can help with your property settlement

We can provide the legal support you need to successfully achieve a property settlement, regardless of the scale of the assets involved. Our aim is always to achieve a fair, fast outcome.
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Legal counsel on the options open to you

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Discussion of the pros and cons of a consent order or BFA
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Assistance in negotiating a suitable property division
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Completion of the relevant paperwork for a consent order or BFA
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Assistance with access and residency arrangements if they are to form part of the consent order
Spousal maintenance
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Superannuation
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Representation in court
Lawyer Working With Client

How is it determined who gets what assets?

Deciding who gets what is usually determined using a standard formula. This is based on the following four steps:
  1. Identifying everything that’s in the joint asset pool. This will include not only property, land and financial assets (savings or investments), but also vehicles, heirlooms, artworks or other items of value. Liabilities such as joint loans or a mortgage also need to be deducted from the value of the joint pot.
  2. Deciding how the pool should be divided by considering what each party has contributed.
  3. Adjusting the division to take account of future earning potential and financial needs.
  4. Determining whether the proposed division of resources is reasonable and fair.
Do you need assistance with your property settlement? Accessing appropriate legal support early on in the process often provides the best chance of getting the outcome you’re looking for. Call Anumis Legal for an appointment now on 07 5455 6347.
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What happens if you agree on a property settlement?

If the two parties involved can agree on a property settlement, the next step is for the settlement to be incorporated into the correct official wording for a consent order or BLA.

In the case of a consent order, the order will be agreed upon by the court. It is then legally binding. For a BLA, both parties will need to sign the contract, which will then be legally binding. Once the settlement has legal status, it is difficult to challenge it.

What happens if you can’t agree on a property settlement?

If an agreement can’t be reached through negotiation, it may be possible to progress using mediation. Mediation is carried out by a trained professional and can sometimes result in an agreement, even if both parties have disparate views.

If mediation isn’t an option, the property settlement will be decided by a judge, after they have heard submissions from both parties. A settlement that has to go to court is likely to require greater legal input and therefore cost more, which is why settlement out of court is more preferable in many cases.

What assets are considered in property settlements?

Almost anything that has significant financial value can fall within the remit of a property settlement. Detailed below is a list of some of the most commonly included assets:
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Joint property
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Pension funds
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Additional property (such as a holiday home)
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Investments and savings
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Cash
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Vehicles
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Jewellery
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Furniture, artworks, collectibles
Property Settlement Lawyer

Both forms of property settlement have their unique advantages and disadvantages. Consent orders tend to take longer than a BFA, as court consent is needed for a consent order to be used, as well as approval given for the consent order once it’s been completed. Consent orders will only be approved if they are “just and equitable”.

BFAs are only legally binding if both parties have had legal assistance and commentary on the proposed property settlement. If it’s subsequently discovered that one party hasn’t had appropriate legal counsel, the BFA may unenforceable. They do tend to be quicker to finalise than a consent order, as there’s no need to wait for a court date.

If you’d like to learn more about these two options, check out our Binding Financial Agreement and Consent Order pages.

Call us today for a complementary chat

Anumis Legal’s team can provide legal assistance at each and every stage of your property settlement.

As specialists in family law, we can also advise on custody, spousal maintenance, residency and any other matters that will require resolution. Compassionate, supportive and non-judgemental, we aim to make the property settlement process as straightforward and stress-free as we can.

Call on 07 5455 6347 to book an appointment.

Meet Our Team

Dr John Cronin

Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.

Nadine Love

Nadine Love holds a Master’s Degree in Dramatherapy. In her earlier career as an author, mentor and trainer through her books, products, and coaching services she assisted people to transform their personal and professional lives to find confidence, clarity, success, and wellbeing. Nadine was
awarded the 2020 NSW Bar Association Prize for Civil Litigation and Evidence.

You can depend on our Commercial Law and Family Law firm to get to know you and your needs in depth. Our expert legal advice, courteously tailored to your specific circumstances, is at your right hand to that you can make well informed choices round the clock. We have your back. To make your appointment or for further information: admin@anumislegal.com.au or call 07 54556347

 

Client Reviews

 

Outstanding professional service

"Outstanding professional service and an excellent choice of firm for both our business lease and personal wills. We have sold several properties and can highly recommend Anumis Legal as the best legal service we have ever encountered. Thank you, Anumis for the peace of mind – drjohn you are a gem.”

We were delighted and relieved to find Dr John

"Both my husband and myself run small family businesses on the Sunshine Coast and from time to time have needed legal advice across a variety of tasks. While other legal companies provided helpful and courteous attention, we were delighted and relieved to find drjohn Cronin at Anumis Legal a few years ago. His wealth of experience, diversity in skills and achievements ensured we received solid legal advice, provided with diligence and care. Always grateful for his collaborative approach, wise counsel, accurate advice and opinions on a wide range of issues we feel very well served legally and confident that we are in safe hands. We are proud to be clients of Anumis Legal!”

Anumis legal ensured all the work was completed and done well.

"My home was flooded due to a burst water filter whilst I was away. I had previously dealt with lawyers and hadn’t been happy with the outcome or the way I was treated. drjohn was reassuring and put me at ease straight away, I felt instantly that drjohn had my back. drjohn dealt with all contact with the builders and ensured I was provided with the correct certification and guarantees and attended site meetings to ensure I had support from start to finish. Anumis legal ensured all the work was completed and done well. ”

Dr John made it easy for me

"Awesome! Thank you. drjohn made it really easy for me and I feel so much better about going into the lease now.”

Calm and clever. Keeping me focused.

"drjohn had been really wonderful. Calm and clever. It’s keeping me focused. (Family Law matter)”

So glad he’s my lawyer

"The meeting with drjohn went well. So glad he’s my lawyer. (Family Law matter)”

Dr John provided great counsel, coaching, and clear advice

"I share a similar story to many young start-ups. Group of friends getting together behind an exciting idea. We set up a company, gave each other the title of director and went out to go change the world. As our company grew, it evolved and how we worked together needed to evolve with it. drjohn provided great counsel, coaching, and clear advice. drjohn mediated discussions that lead to a stronger shareholder agreement. In addition, provided us with the full new start-up business pack, we now have contractor agreements and solid terms and conditions for our services. I am a better managing director as a result of drjohn’s advice. As a team, including the businesses we now partner with, are much stronger together. I am grateful for drjohn’s support and will continue to partner with Anumis Legal as our business continues to grow.”

Clarity, honesty, integrity, passion

"Their clarity, honesty, integrity and a passion for providing quality service to their clients. (Family Law matter”

Great solicitor. Great guy.

"drjohn is a great solicitor and an all round great guy. A pleasure to meet him.”

Highly ethical.

"drjohn is highly ethical and really looks after his clients. I was incredibly impressed with him. I would highly recommend him to anyone. Thanks for all your hard work on our case.”