+61 3 9620 0888
info@canaanlawyers.com.au
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 stage. Since the entire legal process of property division can last from a year to a year and a half, both parties will need to discuss the timeline of the entire case in front of the judge. At the same time, as the court appearance involves arrangements for the progress of the case, the court will also assist both parties in handling some urgent issues. For example, if one party locks all the assets, leaving the other party unable to sustain their living, the judge may require the former to release some funds to address the latter’s urgent needs.
The third step is the conciliation conference, usually conducted with the assistance of a court officer, aimed at facilitating a settlement between the parties. It is worth noting that many cases are resolved at this stage because the court officer will point out the weaknesses in both parties’ cases, helping them to find common ground more easily. If a consensus is not reached, the case will proceed to a hearing, where the judge will decide how the property should be divided.
If you have any legal questions regarding property settlement, please contact us immediately. Our Family Lawyers will answer your legal questions and provide you with professional strategies to safeguard your rights.
*Disclaimer: The above content is provided as general legal knowledge and should not be taken as specific advice for your individual situation. The law is complex, and we strongly recommend consulting professional legal advice. Canaan Lawyers shall not be held liable for any loss or damage caused by the information contained or omitted in the above content.