Mary Basta
Head of Family Law
Our objective is to collaborate with you to achieve an outcome that is both swift and cost-effective, aligning with your interests.
The term “property settlement’ encompasses the legal procedures involved in dividing assets and liabilities between separating parties.
All property, whether jointly or individually owned at the date of the Agreement or Court Order, is considered part of the asset and liability pool, regardless of the acquisition time.
To determine a fair division, the legislative framework mandates consideration of the following:
- The financial contributions of each party;
- The indirect financial contributions of each party, such as property renovations;
- The non-financial contributions of each party, such as homemaking and parenting duties; and
- The future needs of each party, considering income-earning capacity, health, and responsibilities to support others in their care.
Given these factors, our lawyers can advise you on your rights and entitlements under the legislation. If an agreement on asset division is reached, it can generally be formalised in two ways:
- An Application for Consent Orders filed in the Family Court for approval; or
- A Financial Agreement.
If an agreement cannot be reached, our lawyers can provide strong and competent representation in any proceedings that may arise in the Family Court regarding your property settlement matters.
We can also leverage the skills and expertise of our trusted network of accountants, forensic accountants, financial planners, and valuers, should assistance be required.
Please contact us by calling us on 08 9488 1300 or by emailing us via info@culshawmiller.com.au to discuss how we can best assist you with property settlements.
