Property Settlement Lawyers Brisbane

If you and your partner separate, whether you are married

or de-facto, you will need to reach a property settlement.

Reaching agreement on how to divide your property after separation can sometimes be a task that is easy and other times it can be an extremely stressful and anxious time depending on your circumstances. Either way at Collective Family Law Group Brisbane and Gold Coast we are here to help you.

Reaching Agreement – Family Law Property Settlement

There are many cases where parties are able to reach agreement on how to divide the matrimonial property with the assistance of their lawyers without going to court.

If this occurs the agreement can be formalised by way of consent orders. If consent orders are made then the parties have the benefit of knowing that their agreement is binding and enforceable. The parties are then able to move on in their life with certainty.

If Parties Cannot Reach Agreement

If parties are not able to reach an agreement on how to divide their matrimonial property through negotiation then an application to the court may need to be filed. The majority of property settlements are dealt with by the Federal Circuit Court of Australia. Most of the matters that have applications before the court are settled prior to trial. There are many opportunities for settlement to occur during the court process.

If a settlement is not achieved by the parties, then the Court will make a decision as to how the matrimonial property should be divided. The court will determine how the property is to be divided by applying the “4-step” process.

4 Step Process

Step 1
Identifying The Assets, Liabilities and Financial Resources of The Parties

The first step in the process is to identify the assets and liabilities of the parties and values. This includes all assets, liabilities and financial resources, whether it is in individual names, joint names or business names. In the majority of cases this is a simple part of the process. However, if there are businesses or assets that are difficult to value then it can become more complex.

Step 2
Assessment of The Contributions

Secondly, the contributions made by the parties are assessed. These include:-

Initial contributions;
Contributions during the relationship; and
Post-separation contributions.

The contributions made can be direct and indirect financial contributions, direct and indirect non-financial contributions and contributions to the welfare of the family including contributions in the capacity of homemaker or parent.

Step 3
Assessing the future needs of each of the parties

The third step involves the Court assessing the future needs of each of the parties.

Factors like the parties age and health, income, property, financial resources and who has the care of any children are taken into account.

After the Court assesses these factors it will then consider if there ought to be an adjustment or uplift in favour of one of the parties to compensate for any difference in their future needs.

Step 4
Is the proposed division of property fair?

After assessing steps 1- 3, the Court must then decide whether the proposed division of assets is fair to each of the parties.

OUR CLIENTS ARE OUR PRIORITY

We are committed to the efficient and prompt resolution of family law matters, in the most cost effective manner possible.

Not every financial matter needs to go to Court and we do our best to resolve all issues through negotiation or mediation.

Client Feedback

These guys have been absolutely amazing with helping me with my case as it has been tough but they have helped me get through it. Honestly the team have been so amazing and have helped me with been able to get the courage to get through this situation and they have been so supportive. The service has been fantastic as they have checked up on me and my family constantly to see how we have been going through out the process. I would highly recommend Collective Family Law Group to any one seeking assistance in a family law matter. Yours Faithfully, Mark.

I cannot speak highly enough about the team at Collective Family Law. I was going though a very hard time emotionally and financially and received nothing but compassion and support. If you need a family lawyer please look no further than this group of high knowledgeable and skilled people, you’ll be glad you did. Yours faithfull Brendan.

If any interaction with a business deserve 5 stars this law firm does. When I left I felt like I had been problem solving with a trusted friend over coffee, beware the choc chip cookie jar in the kitchen area

The whole team at Collective Family Law have been so helpful. They have helped me through such a hard time and went above and beyond to make sure my every need was met, and to such a high standard. Couldn’t recommend them enough!!!

The team at Collective Family Law Group helped me navigate through a very difficult time in my life. I appreciated their honest, straight forward approach and would recommend them to anyone needing family law work done.

Amazing firm and staff! Couldn’t recommend enough.

Fantastic experience. I was skeptical of the whole free first consultation thing but how wrong I was. Jenny was awesome, answered all of my questions and advised clearly on my situation with knowledge, understanding and a lovely manner. Would recommend to anyone who asks.
My first (and hopefully last) experience with a family law service, so I have nothing to compare to. I don’t know what fees are like generally with other family law services, but it was a costly experience. You do get what you pay for though, I always had a prompt and professional response to all of my concerns.

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