Logo


Call  02 9955 6692 

  • Home
  • Why Choose Us
  • Our People
    • Abraham Ishkhanian (LL.B), Principal Solicitor & Registered Migration Agent
    • Lee Seigenberg (MIPA, AFA), General Manager
    • Nadine Elhage (B.Bus, LL.B), Family & Immigration law
    • Rami Yousif (LL.B), Lawyer
    • Marina Oriehova Zhang (LL.B), Lawyer
    • Jo (Busababan) Roe, (LL.B, LL.M & MTax), Lawyer
    • Lise Champion, Office Manager
    • David Ross, Consultant
  • Our Services
    • Business & Commercial
      • Retail & Commercial Leases
      • Sales and Purchases of Small to Medium Businesses
      • Debt Recovery Law
      • Succession Planning
      • Workplace Relations
      • Service Station Law
    • Buying & Selling Property
      • Conveyancing – Buying Property
      • Selling Property
      • Retirement Residences
      • Conveyancing
      • Why Use a Lawyer
    • Wills and Estates
      • Making a Will
      • Contesting a Will
      • Executors & Probate
      • Estate Planning
      • Common Myths About Wills
    • Family Law
      • Divorce & Separation
      • Property Settlement
      • Domestic Violence
      • Child Custody
      • Child Support
    • Immigration Law
    • Criminal & Traffic Law
    • Civil Disputes & Litigation
    • Motor Vehicle Accidents
  • Legal News & Updates
  • Testimonials
  • Online Payments

Property Settlement

Do I have to be divorced to split the property?

As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.

Do we have to go to Court?

No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.

What if we can’t agree?

There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.

The matter will be set down for hearing and a legally binding decision will be made by the court.

How does the court decide?

Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.

Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.

Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.

Lastly the court will make a decision based on what is just and equitable to both parties.

We can help

Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome.

Our services

Harbourside Legal Services family law solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including:

Marriage, De Facto and Divorce Law

  • Prenuptial agreements (prenups)
  • Divorce in Australia including preparing and serving divorce papers
  • Legal separation issues
  • Annulment of marriages
  • Spousal maintenance
  • Property settlements
  • Binding Financial Agreements
  • Domestic and family violence and apprehended violence orders (AVOs)
  • Family Mediation Legal aid for family law matters
  • Legal representation at Family Court 

Children’s issues

  • Child support enforcement of payments
  • Parenting plans for child custody visitation
  • Parental rights, father’s rights and grandparent’s rights
  • Guardianship of children Adoption Children’s Court

Contact us to arrange a consultation with one of our experienced family lawyers.

Contact Us For A Free Case Assessment !  

.

Harbourside Legal Services

We understand that your circumstances are unique and that each client has their own individual needs.

Online Payments

Payments Options | Pay Now

Our Advantages

  • A convenient Sydney City location.
  • Speak simple English, available outside normal business hours.
  • Experience in many areas of law.
  • Speak directly to the lawyer handling your matter.
  • Employ up to date modern systems to ensure security and confidentiality of your details.

Contact Us

  • Suite 801,
    Level 8, 89 York Street
    Sydney NSW 2000
  • Q863 QVB
    Sydney, NSW, 1230
  • 02 9955 6692
  • 02 8076 7443
  • lee@hslegal.com.au

Liability limited by a scheme approved under Professional Standards Legislation
Copyright © 2021 · Created and hosted by LEAP · Log in