Property Settlement Lawyers in Melbourne
Rowan Skinner & Associates is a dynamic legal practice in Clifton Hill with a focus on Family Divorce Law Proceedings.
Rowan Skinner is a former barrister of the Victorian Bar and an LIV Accredited Family Lawyer in Melbourne who specialises in all matters related to divorces and separations.
The question is, how can we help you with your family law property settlement?
Our expertise includes advice on in the following areas:
- A property division, which could include real estate, superannuation, personal property like savings, shares, companies, businesses and motor vehicles
- Binding financial agreement
- Consent orders
- Setting aside existing Court Orders
- Negotiations about property settlement matters, including mediation and litigating complex property matters involving trusts, businesses and companies, claims by third parties such as parents and other partners;
- Advice in relation to all aspects of the Family Law Act
- Subpoenaing documents to gather necessary evidence
- Lodging of caveats to protect property rights; and
- Urgent restraints and injunctions to prevent the dissipation assets.
Give Rowan Skinner & Associates Lawyers a call to see how we can help you
We Can Give You Independent Legal Advice on How You Calculate a Family Law Property Settlement in Australia:
- To enable you to settle the matter yourself and to advise you how to reach agreement and achieve a fair settlement for your property matter;
- To connect you to other professionals, e.g. psychologists, valuers;
- To provide you with legal assistance to negotiate with the other side, and thereby avoid legal proceedings;
- To represent you if court proceedings have been issued, or need to be issued;
As accredited and experienced family lawyers, we have provided legal advice to clients to help navigate complicated and heated family law property settlements and divorces. We have substantial experience in complex property settlements that involve trusts, companies and international assets.
Sometimes If you are having problems with the other side negotiating a property settlement in your separation or divorce, contact us to obtain legal advice.
We offer a no obligation consultation, so we can understand your situation and provide realistic advice based on the facts.
Are Assets Split 50 50 in Divorce in Australia?
There is no rule in Australia that requires the court to divide the property pool equally? The court does not start with this position. The first step in a family law property dispute is to work out the net value of the asset pool.
Identifying the Value of the Pool of Assets: A Just and Equitable Division
Please refer to our blog for information concerning the basic process for property dispute resolution and the property settlement process, to result in what is known as a just and equitable division (see ‘How Does the Court Divide Property’):
- Clarify what property (assets) there is, and what mortgages or loans are attached to all property(This is called ‘the property pool’);
- Establish how each spouse contributed to the accumulation of property in both financial and non-financial way, including home maker contributions. These are known as financial and non-financial contributions;
- Establish any special needs for each partner. This can include age, illness, retraining needs for employment, access to financial resources, the cost of caring for children and other factors;
- Establish a just and equitable way to divide up property based on the findings above;
It is important to understand that the Family Court recognises the role of home makers in contributing to the family law property of the parties, in a substantial and not a token way. We have separately advised you on how spousal maintenance works.
Give Rowan Skinner & Associates Lawyers a call to see how we can help you
What Is the Process for a Property Settlement?
A property settlement is the division of all of the assets and resources of the parties. This includes real estate/the family home, commercial/investment properties, any businesses and companies, motor vehicles, savings accounts, shares, superannuation, boats, caravans, trailers, horses or any other asset or resource either party owns or controls.
The Family Court undertakes what is commonly referred to as the ‘four step process’.
Step 1: Identify
Determining what is included in the asset pool to be divided between the parties. This includes identifying and valuing all the property and liabilities.
Step 2: Contributions
Determining each party’s financial and non-financial contributions. Financial contributions include gifts and inheritances, compensation payouts, redundancies, any rent free accommodation and the like. Non-financial contributions includes the care of children, household and domestic chores. There can be negative contributions known as ‘’wastage’’ such as excessive gambling, drinking or drugs.
Step 3: Future Needs
Assessing the needs of each party which includes a comparison of their income and earning capacity, any health issues which may disadvantage one of the parties financially, the care of the children which affects the ability to work long hours or obtain gainful employment at all and the length of the relationship itself.
Step 4: Just and Equitable
The last step involves a consideration of all of the above factors to work out what a fair settlement between the parties should be. In order words whether the property pool should be divided equally or whether one party should receive a greater share and what that greater share should be.
Do I Need to Go to Court to Create an Agreement?
No you do not need to go to Court to create an agreement.
Almost every couple has agreed on the ways they can divide the property from one another without going into a legal battle. Having a family law property dispute lawyer may help you reach favourable settlements. There is some difficulty in getting a fair agreement on property. The courts can decide your claim in court. Depending on how much money is owed to a person, the agreement should contain a proper written document that prevents future claims of your possession. The documentation you will need to document this settlement is available in three ways:
It is possible for you to finalise your property matters in a financial agreement or in what is known as consent orders. We advise de facto couples and married clients regularly on binding financial agreements.
What is a Binding Financial Agreement?
A binding financing agreement (BFA) includes property division and, if applicable, support for spouses and dependent parents. A binding financial agreement can combine property division with superannuation and, when necessary, spousal maintenance. These help formalize the way parties divide their assets efficiently. Consent orders require detailed assessments of assets and debts and financial future requirements and financial situation of separated couples. Generally, these rules have increased enforceability.
We recognise the value of settling family law matters early. This can save both costs and stress. If this is not possible, we can also represent you in the Family Court or Federal Circuit Court.
Our team of Melbourne property settlement specialists can negotiate a suitable settlement and also prepare the necessary legal documents.
For more information from an experienced property settlement lawyers Melbourne, Fitzroy, Thornbury, Northcote, Clifton Hill, Kew, South Melbourne, Toorak, Richmond, and other areas, contact us on (03) 9995 9155.
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We are experienced accredited specialists and family law property dispute lawyers in Melbourne that are sensitive to our clients needs, and always fight for their best outcome. Contact us today for a no obligation discussion.