While many property settlements are resolved through negotiation or mediation, not every separating couple is able to reach an agreement.
It is common for separation and divorce to bring heightened emotions, uncertainty and disagreement. Issues such as the value of assets, future financial needs, parenting responsibilities or contributions made during the relationship can make negotiations difficult. In some cases, communication has broken down completely, making it impossible to resolve matters without legal intervention.
If an agreement cannot be reached, the Federal Circuit and Family Court of Australia can determine how property, liabilities and financial resources should be divided.
How Does the Court Decide a Property Settlement?
If Court proceedings become necessary, the Court will consider a range of factors, including:
- The assets, liabilities and financial resources of both parties
- Financial and non-financial contributions made throughout the relationship
- Contributions as a homemaker or parent
- The future needs of each party, including income, health, age and the care of children
- Whether the proposed outcome is just and equitable in all the circumstances
Every property settlement is determined on its own facts, which is why obtaining advice from an Accredited Family Law Specialist is so important.
Court Proceedings Are Not Always the End of Negotiations
Commencing Court proceedings does not mean your matter will automatically proceed to a final hearing.
In fact, the overwhelming majority of family law property disputes are resolved before a Judge makes a final decision. Throughout the Court process, parties are encouraged to participate in negotiations, mediation and dispute resolution to reach an agreement wherever possible.
If an agreement is reached during proceedings, it can usually be formalised by way of Consent Orders, avoiding the need for a final trial.
Experienced Representation When You Need It Most
If your matter cannot be resolved through negotiation or mediation, Mathews Family Law & Mediation Specialists will provide experienced and strategic representation throughout every stage of the Court process.
Our Accredited Family Law Specialists have extensive experience acting in both straightforward and highly complex property settlement matters involving:
- Businesses and family companies
- Trusts
- Investment properties
- Superannuation
- Significant asset pools
- Financial disputes involving complex legal issues
We will explain each step of the process, prepare your case thoroughly and work tirelessly to protect your interests while continuing to explore opportunities for an early and cost-effective resolution.
We’re Here to Help
If you’re unable to reach an agreement with your former partner, you don’t have to face the process alone.
Contact Mathews Family Law & Mediation Specialists today to arrange your complimentary 15-minute telephone consultation. Our Accredited Family Law Specialists will explain your legal options, answer your questions and help you develop a strategy to achieve the best possible outcome.
