Property and financial settlements are quite often complex. Daniel John Lawyers has the expert knowledge, skill, experience and the motivation to achieve the best possible outcome for you in matrimonial and de facto property settlements.

It is very important that you fully understand your entitlements at an early stage following separation.

We can assist you to negotiate with your former partner and explore all possible settlement options before the matter ends up in Court. We have saved our clients many thousands of dollars in legal fees through practical, professional and highly competent methods of negotiation.

If an agreement is able reached this can then be contained within, and formalized through, either Consent Orders that are filed at the Court or through a Financial Agreement.

If you are unable to reach an out-of-court agreement with your former partner then we can commence legal proceedings and also represent you throughout all stages in Court cases that involve property division under the Family Law Act 1975 in the Family Court of Australia and the Federal Circuit Court of Australia.

Every Court will follow the same 4-step process in determining disputes regarding the division of assets in the breakdown of a marriage or a de facto relationship. It is important to understand each step and how it effects you and your legal entitlements. Lawyers, in negotiating out-of-court agreements, will usually follow the same process.

That 4 step procedure is as follows:

 1.     Identify all of the assets and the liabilities of the marriage or relationship.

What actually constitutes “property” under Family Law Act 1975 is broader than what most people realize. In most cases there will be a need for formal valuations to be undertaken with respect to real estate, businesses that are owned and operated by one or both of the parties, motor vehicles and other assets.

 2.     Assess the financial and non-financial contributions of the parties.

This requires an analysis of who has been responsible for generating the assets that now make up the asset pool in the course of the marriage or de facto relationship. Non-financial contributions, such as contributions made by a party in the capacity of a homemaker and parent must be assessed and given their appropriate weight.

 3.     Assess the future needs of the parties with reference to either Section 75(2) of the Family Law Act 1975 (in the case of married couples) or Section 90SF(3) of the Family Law Act 1975 (in the case of de facto couples).

There is a whole list of things listed in the above named legislative provisions that can have a significant impact upon your entitlement to the property of the marriage or de facto relationship, such as:

• The age and health of the parties;
• The income-earning capacity of each party;
• The future responsibility to care and support dependent children;
• The financial resources of each party.  4.      Finally, the Court must be satisfied that, in all the circumstances of the case, it is “just and equitable” to both parties to divide the property in the manner it proposes.

 Don’t take any risks with your property and your money. Put your entitlement for property and financial settlement in the hands of an expert and experienced professional. Make an appointment to see us today.