Property Settlements – Marriage and Defacto
The issues surrounding division of property after separation, whether acquired during marriage or whether acquired during a de-facto relationship, is another issue which is determined by the Family Court and or the Federal Circuit Court of Australia in the event of no agreement being reached between the parties.
The Family Court of Australia and the Federal Circuit Court take into account a variety of matters when determining who will receive what from the property of the relationship.
We are able to assist in preparing a case for Property Settlement and to address all the various factors that have to be taken into account pursuant to the Family Law Act by the Family Court and the Federal Circuit Court.
Depending upon the case there may be situations where taxation advice, financial advice and other advice is required before decisions can be made as to the disposition of property in the orders being sought by you.
We have access to a range of specialist accountants, financial advisors and superannuation and taxation specialists particularly in relation to Capital Gains Tax on the break- up of a property portfolio to assist the Family Court of Australia and the Federal Circuit Court to reach a fair decision.
We look at the whole picture
We are assiduous in advising our clients as to whether the outcome that they desire and the cost of obtaining it are financially viable for them.
We do not recommend that our clients proceed to Court proceedings on the basis of principle but rather on what the financial dollarwise outcome will be for them at the conclusion of the proceedings.
We see little point in a client claiming an extra 10% of the property pool if the cost of obtaining it is going to be greater than the amount that would be achieved.