You have probably worked very hard to acquire your property and are worried you might lose it all. We have assisted many clients reach the best settlement possible. By quickly evaluating your circumstances we can estimate what you might realistically expect to receive if you choose to pursue the matter to court.
At the outset
We have advised many clients about entering into Relationship Agreements or Financial Agreements (also known as “pre-nuptial agreements”) and have drafted agreements to protect their assets in the event that their relationship breaks down. Our costs for such an agreement start at $990.00 plus GST depending on how complex your circumstances are. Given the valuable assets you might acquire over the life of your relationship, or the significant appreciation you will see in the value of your property over time, this initial outlay is a small price to pay for peace of mind.
At the finish
In our experience, clients’ matters resolve without going to court when they have a clear idea of what the result should be. We will provide you with advice on stamp duty exemptions, capital gains tax roll over relief and work with your accountant to ensure any hidden taxes are avoided.
Once a settlement is achieved
we draw up the Terms of Settlement or Financial Agreement and ensure settlement is carried out as agreed. This is applicable to married, defacto and same sex couples. It is our aim to minimise the friction between parties and costs of resolving the matter. Therefore, depending on your circumstances we may be able to prepare documents which do not require your ex-spouse to obtain legal advice.Terms can be signed and sent to the court for approval without the need for either party to attend court. Once Terms or an Agreement is signed we can ensure the agreement is carried out and that you receive all exemptions from tax, transfers of property and/or money and anything else available to you. Proposals with respect to the property of married, defacto and same sex couples are dealt with in the Family Court or the Federal Magistrates Court.
If you have already been granted a divorce, be aware that you must commence proceedings to distribute the matrimonial property within 12 months of the date the divorce was granted.
Be aware that you must commence proceedings to distribute the matrimonial property within 12 months of the date the divorce was granted.