PROPERTY SETTLEMENT LAWYERS IN SYDNEY

A "property settlement" refers to the division of assets and liabilities between parties following the breakdown of a marriage or de facto relationship, whether heterosexual or same-sex, under the Family Law Act 1975.

The Family Law Act outlines the legal framework for determining a property settlement. This involves assessing your unique circumstances, including the assets and liabilities of the relationship, as well as both parties’ contributions and future needs.

Key considerations include:

• The property each party owns
• The debts owed by both parties
• Superannuation entitlements
• Contributions made during the relationship, both financial and non-financial (e.g., domestic duties or childcare)
• Future needs, such as the care of children, earning disparities, or health considerations that may require an adjustment to the settlement.

At Kells, our experienced family lawyers provide expert advice to guide you through the property settlement process.

If you have been divorced, you have 12 months from the date of the divorce order to start a property settlement. For de facto relationships, proceedings must begin within two years of separation.

There are several ways to resolve a property settlement without going to court. At Kells, we work with you to develop a strategy tailored to your needs.

The Family Law Rules require you to explore alternatives like negotiation, conciliation, counselling, collaborative law, or mediation before resorting to court.

However, if an agreement cannot be reached through these methods, court proceedings may be necessary. While most cases settle out of court, the court can assist in finalising a settlement if you and your former partner cannot agree on a fair division of assets.

We always try to resolve matters as efficiently as possible.

If you and your partner have already agreed on the division of assets, and the agreement is fair, we can formalise it and file it with the court, or help prepare a financial agreement outside of court.

If an agreement can’t be reached and the matter proceeds to court, we will keep you updated on the timeframe and any relevant steps in the process.

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 with their own court documents.

If you have already received court papers from your spouse, please bring them to us immediately so we can provide personalised advice on the next steps.

We will always aim to resolve matters through settlement discussions with your former spouse and their lawyer to avoid the need for court proceedings and minimise your legal costs. You will be kept informed when offers are made by your spouse or when it’s time for you to make an offer. If an agreement cannot be reached through negotiation, the next step is court action.

Mediation can take place either before or after court proceedings are initiated. If settlement isn’t possible through negotiation, the court may order both parties to attend a private mediation or a Conciliation Conference with a court registrar.

The goal of mediation or a conciliation conference is to facilitate an agreement between you and your spouse. If an agreement is reached, it will be formalised in writing and signed by both parties. At a conciliation conference, the court registrar can make final orders. In private mediation, the lawyers will prepare a formal agreement that can be lodged with the court.

Once an agreement is reached through mediation, it will be formalised in a written agreement that can be filed with the court. Once approved by the court, it holds the same legal weight as if a judge had made the decision themselves.

If your case proceeds to a hearing, it will be heard in either the Family Court or the Federal Circuit Court. We will support you throughout the process, including accompanying you to court if you are required to give evidence. After hearing all the evidence, the judge will make a final decision.

If you believe there is a risk that assets may be sold or money withdrawn without your knowledge, it may be necessary to act quickly. If urgent action is required to protect your property or assets, contact us immediately to schedule a consultation.

At Kells, we offer an initial consultation at a discounted rate of $250 with one of our specialist family lawyers. During this session, we will discuss your specific issues and outline the best course of action for you and your family.

We provide an estimated cost for your matter upfront and will keep you informed of any changes as your case progresses. We are committed to keeping costs manageable and will explain the fees for each stage of your case, along with any available options to reduce expenses.

We understand that separation can be a stressful and emotional time, so we are committed to keeping you fully informed. You will receive regular written updates as your case progresses, so you are never left in the dark.