Property Settlements

A breakdown of a relationship requires the alteration of property interest between parties.

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, if necessary, valued so that there is a comprehensive list to form the basis for negotiation and distribution. Apart from that, the law requires an examination of the contributions of the parties towards the acquisition, development and maintenance of the property. Those contributions can be financial, non-financial, homemaking and parenting.

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 from highly experienced and respected experts.

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 in light of their future needs, and finally any adjustment made to ensure a fair outcome, or what the court deems to be a ‘just and equitable’ result.

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 relish vigorously fighting for our clients and ensuring they receive their entitlements.

We can advise you on the best form of agreement in your circumstances and draft the appropriate documents.

At Taylor & Scott “ We Care For You.”