Since 1 March 2009 de facto property disputes have been dealt with under the Family Law Act 1975. This means that de facto couples who have separated have essentially the same rights to a property settlement after separation as married couples. The main difference is married couples have 12 months from the date of divorce (not separation) to bring an application for property orders before the Family Law Courts while de fact couples have 2 years from the date of final separation.
There are many misconceptions about how assets and liabilities are divided after the breakdown of a marriage or de facto relationship. With each family’s circumstances being different and applying the law to your particular situation can be quite complex. Negotiating directly with your ex can be stressful and, where there has been domestic violence, virtually impossible.
We provide up to date advice and settlement options focused on your individual circumstances. We negotiate on your behalf to try and resolve your dispute without having to go to Court while identifying when the only way to eventually bring an end your dispute is by going to the Family Law Courts
Where you and your ex have reached an agreement about how to divide up the assets and liabilities, it is important to have the agreement formalised by either Consent Orders (court orders) from the Family Court or an enforceable and binding Financial Agreement. We can provide you with advice as to whether your agreement is in the range of what is fair taking into account your particular circumstances and prepare and/or advise you in relation to any documents required to formalise your agreement to protect you from further claims from your ex in the future.
We understand it can be intimidating and confusing when you have to deal with legal claims. Take the stress out of the process and schedule a meeting with us to discuss your needs. To us, you’re not just a number, and we want to alleviate the pain you may be experiencing trying times. When you need family lawyers in Melbourne to assist you with legal issues, we’re here for you.