Divorce Property Settlement Lawyers

Firstly whether you were married or de facto, the same property settlement rules mostly apply. Divorce Property Settlement is no different to any other settlement matter, except for limitation periods. Once you are legally divorced, you have a limited amount of time to sort out the asset splitting.

In Australia, a property settlement needs to be equitable, not equal. Some divorced couples can decide how to divide everything, some need to mediate and others go to trial. At Cudmore Legal, we avoid expensive legal solutions.

We’ve agreed to a divorce settlement

If you’ve already decided on what to do with your property, you have two options to ensure that  you’re legally protected in the future:

  • Consent Order
  • Binding Financial Agreement

Both of these options have their pros and cons, what’s important to consider though is it’s not just to legally protect yourself in the future but having one of these documents in place can save you money on stamp duty or other taxes.

At Cudmore Legal, we will work with you and your accountants or financial advisors to ensure that any divorce property settlement is going to be commercially in your interests as well as legally what you are entitled too.

We can’t agree on a settlement figure

It is very common for couples to disagree on a settlement figure or division of assets. In this case, it’s best that both sides get legal advice so you can understand your legal rights and entitlements. While there is no 50/50 rule, there are rules for lawyers to follow that can help you know what you’d be entitled to, most of the time when both parties have seen separate lawyers they will usually be able to come to the agreement through negotiation. A lawyer will allow you to resolve the matter quickly.

We have a lawyer and still can’t agree on a divorce settlement?

If you still aren’t able to agree on a settlement after seeing a lawyer, you may need to attend mediation. This can be a daunting process and when it comes to a property settlement it’s highly recommended you have a divorce lawyer represent you.  Depending on the size of the asset pool it’s also important you seek advice from other professionals.

What factors are considered in a divorce settlement?

There are numerous factors to be taken into account when deciding on a settlement, including contributions, length of the marriage, future needs, children and anything that might affect how property should be divided.

Where can I get more information?

If you want to learn more about property settlement process, we can give you a free no obligation phone consultation with an experienced family law lawyer, click here.

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