Property Settlement Lawyers in Hawkesbury

A property settlement refers to dividing assets and liabilities after the breakdown of a marriage or de facto relationship. This applies to both heterosexual and same-sex couples under the Family Law Act 1975.

The Family Law Act provides a legal framework for property settlements, considering each party’s circumstances, assets, liabilities, and contributions. Key factors include:

• Assets owned by each party
• Shared debts and financial obligations
• Superannuation entitlements
• Financial and non-financial contributions (e.g., income, home duties, childcare)
• Future needs, such as caring for children, earning capacity, or health concerns that may impact financial stability

Our experienced family lawyers at Kells can provide clear guidance to help you navigate the property settlement process.

If you are divorced, you must initiate property settlement proceedings within 12 months of the divorce order. For de facto couples, the time limit is two years from the date of separation.

Property settlements can often be resolved without court intervention. At Kells, we explore alternatives such as negotiation, conciliation, mediation, collaborative law, or counselling to reach a fair agreement.

If no agreement is reached, court proceedings may be necessary. While most cases settle before reaching this stage, the court can finalise the division of assets if required.

We aim to resolve property settlements as efficiently as possible.

If you and your former partner agree on asset division, we can formalise and file the agreement with the court or draft a financial agreement without court involvement.

If an agreement cannot be reached and court proceedings are required, we will guide you through the process and keep you informed about the expected timeline.

If an agreement cannot be reached and court action becomes necessary, we will prepare and file the required court documents and arrange for them to be served on your former spouse or their lawyer. Your spouse will then have time to respond.

If you have already received court documents, bring them to us as soon as possible so we can review them and advise you on the next steps.

Yes, we will always aim to resolve matters through settlement discussions with your former spouse and their lawyer to avoid court and minimise legal costs. You will be kept updated on any offers made or when it’s time for you to make an offer. If an agreement cannot be reached, court action may be required.

Mediation can occur before or after court proceedings begin. If a settlement cannot be reached through negotiation, the court may require both parties to attend private mediation or a Conciliation Conference with a court registrar.

The goal is to help both parties reach an agreement. If an agreement is reached, it is formalised in writing and signed by both parties. In a conciliation conference, the court registrar can make final orders, while private mediation allows lawyers to prepare a formal agreement to be lodged with the court.

Yes, once an agreement is reached, it can be formalised in a written document and filed with the court. Once approved, it holds the same legal weight as a court order issued by a judge.

If your case proceeds to a hearing, it will be heard in either the Family Court or the Federal Circuit Court. We will guide you through the process, accompany you to court, and assist you if you need to give evidence. The judge will then make a final decision based on all presented evidence.

If you believe there is a risk of assets being sold or funds being withdrawn without your consent, urgent action may be required. Contact us immediately so we can take the necessary steps to protect your property or financial interests.

Kells offers an initial consultation at a discounted rate of $250 with a specialist family lawyer. During this session, we will review your situation and outline the best approach.

We provide an upfront cost estimate and keep you informed of any changes. Our goal is to manage costs effectively, and we will explain fees for each stage of your case, along with potential ways to reduce expenses.

Yes, we understand that separation is stressful, and clear communication is essential. You will receive regular updates on your case, so you always know what is happening.