Property and Financial Settlement

The division of financial and property assets (or the ‘Settlement’) can be extremely complex, not to mention emotional. Where appropriate, we focus on resolving disputes in a manner which preserves ongoing dealings with your partner especially where children are involved. In most cases this negotiation method results in less financial and emotional hardship.

  • An assessment of the following factors is important in any property and financial settlement:
  • Asset and liability values
  • Businesses and farming enterprises
  • Earning potential of both parties
  • Financial and non-financial contributions during the relationship
  • Property values
  • Superannuation
  • Trust, company and partnership structure

Arrangements for Children

Certain parents can agree on their own arrangements for financial child support, parenting arrangements, residence, how much time the children can spend with each parent (‘contact’) and where the child will live. Even if your personal negotiations have not faltered, it is beneficial to get legal advice to ensure you know all the elements to consider when finalising the arrangements for your children. Ensuring grandparents and other relatives have visiting rights to the children is one element you may need to consider. It is also useful for many parents to formalise the parenting responsibilities in a Child Support Agreement. These agreements will ensure the parties adhere to their responsibilities in the future.

Alternative Dispute Resolution

Collaborative law is an emerging dispute resolution method that involves problem solving negotiations between the parties and lawyers without any court proceedings. The parties work together to achieve an outcome that meets both of the parties needs. Our family lawyers have settled disputes through mediation or collaborative law which greatly reduced the stress, delay and financial costs that would have been experienced in court proceedings. Other possible benefits include:

  • Maintaining your privacy
  • Greater focus on the need of the children
  • Provides a fairer outcome for both parties, not just one
  • Maintaining amicable relations between the parties 

NSW
Andrew Doyle
Igor Kazagrandi

QLD  
Lachlan Wilson
Hannah Schurmann