At the outset we need to identify and preserve assets. This initial step ensures clients can then take the time they need to negotiate and adjust to the initial separation with the security that the assets from their relationship are safe.
A well planned strategy sets our team apart from others. We know that planning enables our clients to feel a sense of security, the path is identified and the timelines are established. This keeps matters on course and removes uncertainty for clients.
Our focus is progress always, we do not practice reactively, we plan and implement that plan to push matters toward resolution.
The ultimate goal is a binding outcome so that clients move on with certainty. We consider options that best suit our client’s needs and importantly are legally binding and secure.
Our team have navigated division of assets pools classed as “big money” matters and matters which fall into the Priority Property Pool which deals with pools under $500,000. Both require the same attention to detail, planning and execution drawing on our expertise in family law.
We work to avoid litigation and settle matters wherever possible. Litigation is a last option and increases client costs and stress. Our clients come to us seeking an outcome, not a drawn out, expensive fight.
Working collaboratively as a team and with opposing lawyers means that our clients benefit from outcome driven values. Building relationships through collaboration focuses on progress in matters and outcomes that serve the needs of the parties.
When court is required for determining division of assets our team are formidable. We work with esteemed barristers and draw on our collective knowledge as a team to deliver the best possible representation.
If you want to divide joint assets or secure your sole ownership of other assets following separation then you should get a legally binding property settlement. Such a settlement means that you can then move on with life secure in the knowledge that your assets are yours alone.
If you are concerned that your spouse is hiding assets there are various steps that can be taken to identify those assets. This can include disclosure, title and ASIC searches, subpoenas and court orders. The courts have successfully dealt with parties attempting to hide or move assets for many years.
There is no immediate entitlement to 50% of assets or superannuation. Instead, the court may alter the ownership of the assets after considering the contributions made to the assets and caring of the home and family, the effect of family violence on those contributions, and considering the parties age, health, income and other factors.
If you and your partner negotiate a settlement where you keep all of your superannuation this can be formalised. If however you cannot reach agreement and court proceedings are required the court will decide whether superannuation should be split as part of the division of the assets from your relationship. Splitting your superannuation can result in receiving more cash assets in the settlement which can assist with rehousing.
Do you have questions about our legal services or how we can assist with your case? Schedule an initial consultation with our team.
Accessible Family Law are proud allies of the LGBTQIA+ community.
Accessible Family Law acknowledges and pays respect to Traditional Owners of country throughout Australia.
