A breakdown of a relationship requires the distribution of the property the parties acquired during the relationship.
This is often difficult, especially given the emotion resulting from the breakdown of the relationship and the need to establish two separate households.
The asset pool needs to be carefully identified and valued so that there is a comprehensive list to form the basis for discussion. Apart from that, the law requires an examination of the contributions of the parties towards the acquisition, development and maintenance of the property. The contribution can be financial or non-financial. Property is given a very wide definition under the Family Law Act and can include real estate, shares, bank accounts, superannuation, businesses, trusts and companies.
Taylor & Scott Lawyers are experienced in investigating and compiling the necessary information in order to identify and quantify the asset pool, including obtaining valuations.
After the property is identified and valued and the contributions of the parties are assessed, regard must then be had to the respective financial viability and circumstances of the parties and finally any adjustment made to ensure a fair outcome.
Taylor & Scott Lawyers encourage private settlement, through the use of alternative dispute resolution processes if necessary. If agreement is reached then this can be reflected in terms of either Consent Orders or a Binding Financial Agreement, both of which give finality to the process.
If agreement cannot be reached then our skilled litigators will see your case through the court system to a successful conclusion.
We can advise you on the best form of agreement for your circumstances and draft the appropriate documents.
Key Contacts:
At Taylor and Scott Lawyers, we care for you. Contact At Taylor and Scott Lawyers, we care for you. Contact Family Law Accredited Specialist, Rescina Hekimian or Family Lawyer, Amanda Hynes on 1800 600 664 or email us by filling the contact box on the right of this page.