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When you are unable to reach a private agreement with the other party on property division, you will need to apply to the court for property division. Firstly, when one party decides to file an application for property division, the other party must submit a response within a specified deadline. Next is the court appearance […]
Category Archives: Property Settlement
Family Law, News, Prenuptial Agreement, Property Settlement
Why is premarital property also divided during divorce?
19
Feb
Feb
Key Principles of Property Division in Divorce in Australia In Australia, divorce often involves complex property split. Understanding the principles of this process is crucial to protect your interests. Fairness is the main principle. Typically, especially in long-term marriages, the court aims for an equal split of property, as long as it is fair. However, […]
Family Law, News, Property Settlement
Signing a Binding Financial Agreement? You must hire a lawyer!
06
Feb
Feb
In Australia, Binding Financial Agreements (BFAs) differ from other standard contracts. Normally, if the parties are capable, they can privately draft a standard contract on their own. However, a BFA must be handled by a lawyer who, at the time the parties sign the agreement, issues a certificate confirming that the lawyer has fully explained […]
Family Law, News, Property Settlement
Missing This Detail? Your Binding Financial Agreement Could Be Invalid!
18
Dec
Dec
A binding financial agreement (BFA) is a legal document that can help to avoid disputes in the event of a marriage breakdown. However, taking the property disclosure process seriously is important when signing a BFA. Whether both parties have accurately disclosed all of their local and overseas assets is essential for the agreement’s validity. Even […]
18
Dec
Dec
Property settlement is the process of dividing personal and shared property between two partners who have decided to separate. If both parties can reach an agreement, it can save a lot of time and legal fees. The normal property settlement process involves three steps. Step 1: Consult a lawyer Before you start negotiating with the […]
18
Dec
Dec
Divorce property division is an important step in the divorce process that affects the interests of both parties. What Does the Court Consider When Dividing Property in Divorce in Australia? Contributions to the marriage The court will consider the contributions that each spouse made to the marriage, both financially and otherwise. For example, a spouse […]
16
Oct
Oct
Divorce property settlement agreements are agreements signed by both parties to a divorce to divide property and debts. These agreements are legally binding, so it is important to carefully consider the terms and ensure that they are in your best interests before signing. However, what happens if a spouse who owes debt tries to avoid […]