Property Settlements & Matrimonial Transfers

Ferrall & Co.

Property Settlements

When couples separate, they need to fairly divide their property that they acquired during their relationship. Property in this case doesn’t just mean real estate. It also includes things such as money in bank accounts, shares and investments, companies and trusts, motor vehicles, furniture and superannuation.
It might seem like a lot to wrap your head around and negotiate. That’s why we can help you manage this process. Our aim is to negotiate a fair and equitable property settlement without the need to go to Court. However, if your matter can’t be settled, we are able to guide you through the Court process as well. We always recommend for parties to finalise their matters by way of Court Orders whether they be Consent Orders or through the formal Court process.
Property Settlements.

Frequently Asked Questions

The Family Court takes a four-step approach when determining the division of matrimonial property as follows:

  • Determining the net asset pool, that is the value of your assets less the value of your liabilities;
  • Assessing the contributions, both financial and non-financial, that each of the parties made during the relationship;
  • Assessing the future needs factors of each of the parties;
  • Ensuring that the overall result is both just and equitable.

There are certain time frames that are important to remember when separating property. If you are legally married, then your time frame only starts running once you get divorced. Then, you have 12 months after the finalisation of your divorce to finalise your property settlement.

If you are a de facto couple, then you have 2 years from the date of separation to finalise your property matters. In special circumstances the Court is able to extend these time frames. However, it is best to finalise your property settlement as soon as you can.

We recommend for people to obtain independent legal advice as soon as they separate. This is due, in part, to the property value being determined on the date the matter is resolved rather than the date of separation. Many things can happen between separation and final resolution. You should always ensure that you are properly protected in the meantime.

Resolving your property settlement by consent can be both a fast and cost-effective way of finalising your financial relationship. This can also allow you to move on more quickly with your life.

Family Law.

How Can We Help You?

The best way forward is with Ferrall & Co. With over 15 years’ experience, we’ve got your back.

Family Law

Family legal issues are sensitive and complex, but we can guide you through this time with honesty, integrity and expert advice.

Divorce

When a married couple’s relationship breaks down due to issues that cannot be resolved, the couple has a right to divorce according to Australian law.

Parenting Orders

Ferrall & Co. are passionate about supporting families and seeing the best outcomes achieved, especially for the children involved in a family separation.

De Facto Couples

If you have been in a relationship where you were not legally married, you may be considered a de-facto couple.

Same Sex Couples

Under the Family Law, same sex couples have the same rights in both de facto relationships and in marriage as heterosexual couples.

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We Want To Help

We understand that having to pay a lawyer is concerning for many people which is why we offer fixed fees on many areas we practice in. Ferrall & Co. can guide you through every step of the way with expert advice and open communication. We will work hard for your best interests; we’ve got your back.
If you need no-nonsense, honest legal advice for your property settlements and matrimonial transfers, the best way forward is with Ferrall & Co.

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