Practice Area Overview:

Property & Financial Settlements 

Our aim is to support and advise you on achieving the best possible property settlement following a relationship breakdown.

We can assist with dividing assets and superannuation entitlements, so you can achieve financial separation and independence. We can guide you through the process, which includes obtaining financial disclosure, identifying property values, and assessing your entitlements under the Family Law Act.

Our goal is to help you achieve the best property settlement, ideally without the need for litigation.  However, it assists to have an understanding of the manner in which the Court approaches property matters, and considerations a Judge must undertake when determining whether to make Orders with respect to parties’ interests in property. This same approach is utilised by our team when attempting to negotiate a fair and appropriate property settlement.

The Family Law Act 1975 confers broad discretion on the Family Court of Australia and the Federal Circuit Court of Australia to make orders altering the property interests of parties to a marriage or a de facto relationship which has broken down. Property and financial matters may be resolved via negotiated arrangements and formalised by consent orders or a financial agreement. If you have separated, or are considering separation, we recommend obtaining legal advice specific to your situation.

Your assets can include:

  • your family home
  • investment properties
  • shares and share options
  • businesses
  • trusts
  • vehicles
  • antiques
  • self-managed and other superannuation funds
  • pension entitlements
  • insurance policies
  • inheritances, gifts, lottery winnings
  • chattels
  • potentially long service leave and compensation payouts etc.

Liabilities that need to be assessed include:

  • mortgages
  • personal loans
  • credit card
  • other debts

Pace & Associates Lawyers

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