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Ferrall & Co.
Breaking up can be really tough, and figuring out who gets what can make things feel even worse. It’s hard to decide how to split up things like the house, money, and other important stuff fairly. This can make a hard time feel even more stressful and confusing.
Many people find themselves feeling lost, not knowing where to start or how to make sure everything is divided properly.
We understand that dividing everything after a breakup can be challenging and overwhelming. It’s hard to know how to split things fairly and make sure you’re looking after yourself for the future. That’s where our property settlement lawyers in Caloundra can assist you.
We’ll provide step-by-step guidance to ensure a fair and considerate handling of everything, making it easier for you to move forward.
We Are Here Help You
Our property settlement lawyers simplify the process, ensuring you’re clear and comfortable every step of the way.
We work hard to ensure a fair division of assets and suitable parenting arrangements, protecting your interests.
Division of assets can be overwhelming, but we handle the legalities for you.
By managing the process and avoiding common pitfalls, we help reduce stress and uncertainty.
Start with a free consultation where we listen to your story, understand your situation and provide an outline of our assistance. This initial step ensures that you feel heard, supported, and empowered.
Together, we’ll create a clear, personalised plan for your needs. This step removes the guesswork and gives you a roadmap, showing exactly how we’ll handle your situation.
With the plan in place, you can rest easy knowing that we will handle all the legal details for you. From filing paperwork to negotiating on your behalf, we work tirelessly to secure the best outcome, allowing you to focus on moving forward with your life.
Our divorce lawyers provide a simple and supportive path to a fair resolution, ensuring you feel understood and valued.
After completing a Bachelor of Laws at James Cook University in Townsville in 2002, Rowena completed her initial legal training at the Aboriginal & Torres Strait Islander Legal Service (ATSILS) in Townsville. She then finalised her Post Graduate Diploma through the Australian National University in Canberra in 2004, the same year she qualified to practice as a solicitor.
Rowena is admitted to practice in Queensland and in the High Court of Australia, allowing her to appear in all Courts in Queensland as well as Federally based Courts across the country.
Rowena has worked in Townsville, the Sunshine Coast and Brisbane in general litigation since her admission in 2004. After working as a generalist for several years, Rowena decided that she could best serve her community by opening her own boutique legal practice with a relaxed approach to client consultations, a manageable fee structure, as well as incorporating two furry friends who provide additional support for clients when in need.
We offer a wide range of family law services that go beyond just divorce. Our goal is to provide complete support for any family matter.
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.
Ferrall & Co. are passionate about supporting families and seeing the best outcomes achieved, especially for the children involved in a family separation.
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.
If you have been in a relationship where you were not legally married, you may be considered a de-facto couple.
Under the Family Law, same sex couples have the same rights in both de facto relationships and in marriage as heterosexual couples.
Here For You
We understand that paying a family lawyer is concerning for many people. That is why we offer fixed fees in many areas we practice in, including the services of our property settlements lawyers. 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.
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back.
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Property Settlements
The Family Court takes a four-step approach when determining the division of matrimonial property as follows:
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.
Binding Financial Agreements (BFAs) are private contracts between parties outlining the division of assets and financial resources in the event of a relationship breakdown. To be legally binding, they must be in writing, signed by both parties, and each party must have received independent legal advice before signing.
Unlike consent orders, BFAs offer more flexibility as they don’t need to pass the “just and equitable” test set by the Court. This flexibility can be advantageous, allowing parties more scope to determine their arrangements. However, this flexibility can lead to potentially unfair outcomes, as one party might be disadvantaged without the Court’s oversight. In such situations, consulting with property settlements lawyers is crucial.
Matrimonial transfers occur when spouses or de facto partners transfer property titles from one party to the other. This often happens in the context of property settlements after separation or divorce.
1. Property Settlements
Matrimonial transfers often occur as part of a property settlement. One party may retain ownership of a property, and their former partner transfers their ownership of the property to them. This can be done as part of a binding financial agreement or a court order.
2. Stamp Duty Exemption
One of the significant aspects of matrimonial transfers in Caloundra is the potential exemption from stamp duty, known as transfer duty in Queensland. When a property is transferred between spouses or de facto partners, the transfer might be exempt from stamp duty if done under a binding financial agreement or court order.
To be eligible for an exemption as a matrimonial instrument, you must satisfy the following:
3. De Facto Relationships
If you are in a de facto relationship, a de facto partner may also be exempt from transfer duties. The relationship must have lasted for at least two years. To qualify, the transfer must be part of one of the following:
The agreement or order that the transfer is part of must be:
📌 New office address details – Echelon Centre, Level One, 65-67 Bulcock Street, Caloundra, Q 4551 📌
Phone: (07) 5491 2159
Email: admin@ferrallco.com.au
