Brisbane Family Lawyers and Divorce Solicitors serving Brisbane Logan
City Gold Coast - Divorce Advice |Custody Advice |Mediation |Property Disputes
PARTNERS: MARK
FRANCIS - Family Litigation Lawyer & RANDAL BINNIE - Mediator Family Lawyer & Notary
Public BRISBANE FAMILY LAWYERS SERVING SOUTH EAST
QUEENSLAND CALL US ON - 07 38043244 BRISBANE PROPERTY SETTLEMENTS | DIVORCE | CUSTODY
| MEDIATION
FAMILY LAWYERS IN BRISBANE
PROVIDINGPROPERTY SETTLEMENT SERVICES
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:
Advice on how to deal with your family law (property and
childrens) issues through the Collaborative Law
process.
Advice on how to minimise and/or remove the possibility of future
litigation by way of Consent Orders or a Financial Agreement.
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.
‘Liability limited by a scheme approved under
professional standards legislation’
Your Brisbane | Gold Coast & Logan Family Lawyers are located at:
Pacific Place, 10 Old Chatswood Road, Springwood, Queensland Australia
Telephone: +61 7 38043244 Facsimile: +61 7 3808 3477
Email enquiries: