Property Settlement

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D'Angelo Lawyers

Property Settlement

D’Angelo Lawyers will assist you with dividing your assets and debts through a negotiated agreement. We do this by helping you determine the value of your assets and debts and then advising you on a fair division of those assets/debts.

An Application needs to be filed within 12 months of getting divorced. De Facto partners need to file an Application within two years of their separation.

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Property Settlement

“Property” in a property settlement refers to real estate as well as the following assets,debts and resources:

  • Business and commercial interests
  • Shares
  • Superannuation
  • Jewellery
  • Artwork
  • Motor vehicles
  • Leisure assets (boats, caravans, etc.)
  • Mortgages, loans and credit card debt

What time frame do I have to make a property division application?

An Application needs to be filed within 12 months of getting divorced. De Facto partners need to file an Application within two years of their separation.

Consent Orders

Consent Orders are the most effective way to document your agreement. They are also more difficult to overturn once finalised. The Court will decide whether the agreement is fair and equitable before finalising the Order. You don’t need to personally attend Court to receive a Court Order.

What if we can’t agree on our property settlement?

This is common and we recommend that you source a solicitor to help you reach an agreement. In the event that you are still unable to come to an agreement, you will have no option except to file proceedings in the Family or Federal Circuit Court of Australia or for property division orders. This requires an Application, which can take time.

We apply the same reasoning to our advice as the Court is likely to. We will present you with a likely range of your entitlements and the steps you need to take to get what you are entitled to.

When the Court makes an Order for property settlement, it undertakes the 4 step process:

  1. Identifying all assets, financial resources and liabilities and their values.
  2. Determining the financial and non-financial contribution made by each person towards these assets and liabilities
  3. Assessing the future needs of each person in order to determine the split of assets between them (for example the parties’ respective age, health and income capacities).
  4. Determine a division that is just and equitable.

While these four steps may seem simple, it is often a complicated and extremely lengthy process as the Court is required to judge the parties’ evidence at a Trial and have reference to the relevant case law principles. We encourage you to start the process as soon as possible to avoid any delays in your property settlement.

For more information about our property settlement services. Call us on (08) 8373 3363 or contact us through our website.

Children's issues

For most families going through a separation or divorce, children are the number one priority.

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Grandparents' Rights

Divorce & Separation is also a challenging time for the grandparents in the family.

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Divorce

Going through a divorce is an incredibly emotional time filled with uncertainty and anxiety

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