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Divorce and property settlements –
am I running out of time?

The circumstances surrounding married couples separating, including their living arrangements, finances and parenting arrangements, can be complicated and an incredibly emotional experience for all involved. In some cases, parties live separately and apart under the one roof after separation or may even reconcile before finally separating.

We are familiar with a wide range of separation experiences from listening to and working closely with our Family Law clients. As a result, we have exceptional skills when it comes to advising our clients about all legal issues stemming from separation, including divorce, property, spousal maintenance and parenting matters.

When a marriage has irretrievably broken down and parties to the marriage have been separated for 12 months, a party may apply to the Federal Magistrates Court of Australia for a divorce order. We are familiar with the law, the court documents and court procedures related to divorce proceedings. The Family Law team at Marshalls & Dent has a wealth of experience to draw on in order to provide our clients with comprehensive advice in relation to any divorce related issue.

Can I finalise a property settlement after I am divorced?

In some Family Law cases separated parties may negotiate and reach agreement in relation to how they would like to finalise property matters between them, often with the assistance of lawyers. In other cases, separated parties cannot reach agreement and turn to court to resolve their matter.

Married parties who have separated may achieve a property settlement with their former spouse, even if they are not divorced. Similarly, parties who have divorced may also achieve a property settlement with their former spouse.

If divorced parties reach agreement in relation to the terms of a property settlement, we may advise them to apply for Consent Orders to be made by the Family Court to implement and finalise their agreement. In other cases, we may advise parties to enter into an Agreement to give effect to their property settlement.

In more contentious cases, divorced parties may be unable to reach agreement and decide to issue Court proceedings to achieve a property settlement. In those cases, the divorced parties must issue those Court proceedings within twelve months of a divorce order being made.

It is prudent to obtain legal advice from a Family Lawyer when contemplating a separation or soon after a relationship comes to an end. Our Family Law team is able to provide you with comprehensive legal advice in relation to the all legal areas associated with separation and divorce, to assist you and your family to move forward. Our advice is tailored to the facts of your case and your individual needs, with a commercially astute outcome in mind.