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PROPERTY SETTLEMENT LAWYERS IN BRISBANE
QLD
 We are among
the most experienced Family Solicitors in Logan & Brisbane
areas and can provide you with the advice and information you
need to make informed decisions about property settlements and
transfers, including Wills and Deceased
Estates.
You should bear in mind that because of the very nature of family
law (and defacto property) each case will be determined on its own
facts by the relevant Court under the Family Law Act or in the case
of unmarried couples where they have separated prior to 1 March
2009, under the Property Law Act (Qld) (state
legislation).
NB # Separating defacto couples can now
have their property issues dealt with in the Federal Magistrates
Court or Family Courts under Federal
Legislation.
Separating defacto couples can elect to have their matter finalised
under Commonwealth Legislation (Family Law Act) where they have
separated prior to 1 March 2009 and if separated after that date
will automatically be dealt with under the Family Law
Act.
The Family Law Act now allows defacto couples to have the same
rights as married couples, allowing them to enter into financial
agreements prior to entering a defacto relationship, during the
relationship and when the relationship ends. Superannuation
splitting laws and spouse maintenance rights and
responsibilities now apply to defacto
couples.
WHAT TO DO IN
PROPERTY DISPUTES?
First of all
seek advice and don't become overwhelmed. Make sure
that your actions are reasonable so as not to lead into serious
conflict (which might lead to unnecessary Court proceedings).
If you are contemplating separation you should seek advice from a
competent family law solicitor.
If you and your partner are not able to reach an
agreement about how to resolve your property issues you
should seek legal advice in relation to your particular
circumstances. Be wary of advice to commence court
proceedings without first considering your other options.
Alternative dispute resolution should be the first port of call in
most cases, except where family violence and/or abuse of children
or urgent steps to protect property would prevent that
approach.
 If you have reached
an agreement regarding property issues you should
formalise the agreement to ensure that all financial issues
are finalised between you in accordance with the provisions of
the Family Law Act. This can be achieved by way of
Consent Orders or a Financial Agreement. Without a
legal end to property issues and spouse
maintenance litigation in the Family Court will remain a
possibility even if you are divorced.
Contact us about your Property Setllement or
Transfer:
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Advice on how to minimise and/or remove the possibility
of future litigation by way of Consent Orders or a
Financial Agreement.
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Prenuptial Agreements and cohabitation agreements, and
Financial Agreements during a marriage.
After all your
financial future will depend upon the quality of the professional
assistance you obtain. Where property and children's issues are in dispute it is
imperative that you are properly informed of all of the methods
of resolving the issues in dispute.
We are committed to obtaining the best possible
outcome for you and your family through alternative dispute
resolution methods unless Court proceedings are indicated as being
necessary by the facts of your particular case.
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