Divorce Property Settlement Lawyers Melbourne
Need Help with a Divorce Property Settlement in Melbourne?
It’s an unfortunate but very real fact of life that partners separate and married couples divorce. Consequently, there is an abundance of matters of contention that require addressing. Family law and property settlements can be convoluted, with every case unique. If you need help and guidance regarding a family law property settlement, Mazzeo Lawyers is one of the pre-eminent law firms for property settlement lawyers in Melbourne.
Mazzeo Lawyers Are a Family Law Property Settlement Specialist You Can Trust!
In most cases where a relationship has dissolved, some assets require distribution between the parties involved. As you will recognise, reaching an appropriate property settlement is only fair and proper when time, effort, or finances have been contributed throughout a relationship. To ensure this transpires, you must engage with a qualified and competent family law property settlement lawyer to obtain a satisfactory property settlement after divorce and ensure you procure what you are legally entitled to and help secure your future.
When looking to appoint a family law property settlement lawyer in Melbourne, it should be foremost in your mind that you work with a family law property settlement solicitor you feel comfortable with and trust. Mazzeo Lawyers are long-standing, highly experienced, and distinguished family law property settlement lawyers with notable credentials. At a demanding and unyielding time in your life, we will lighten the burden and work with you to get you the best outcome for your property settlement agreement.
Divorce Property Settlement Agreement Process
Any property settlement after separation will be determined using discretionary criteria, and no universal sweeping formula applies to separation and divorce property settlement in Melbourne. There are many views and opinions as to how assets are divided, but there are commonplace principles laid out in the Family Law Act. We have set out the process for reaching a property settlement agreement after divorce below to give you an insight into how the system operates and what to expect when appointing property settlement solicitors.
- Identification of Assets
The property available for division in a family law and property settlement must be identified upon a couple separating. In Australia, regardless of what category the property falls under, “common”, “marital”, or “matrimonial”, it is inconsequential for the objective of characterising the pool of assets applicable for partitioning. A family property settlement could include superannuation and financial holdings in which the parties have a joint interest and all assets and liabilities in common names.
- Valuation of Assets
Assets or property to be included within a divorce property settlement agreement can consist of real estate, savings, personal property (artwork, jewellery, antiques), inheritance, lottery winnings, shares or assets held in trust, redundancy payments, as well as debts, including personal loans, credit cards, and tax liabilities. A Family Law Valuation is completed to ensure fair distribution during a family property settlement. In Australia, the Family Law Courts can make orders they recognise as reasonable to both parties’ interests.
- Assessment of Contributions
The court will consider both parties’ direct and indirect contributions during the relationship. Before a property settlement can be determined, any direct financial contributions made by either party will be considered. Direct financial contributions include an inheritance or family gift at the beginning of the relationship. Indirect contributions taken into account before a property settlement after divorce can be agreed upon, including being a homemaker or caring for children during the relationship.
- Assessment of Future Needs
A property settlement agreement after divorce will also take into account both parties’ needs for the future. The future requirements of the parties involved could include considerations due to age, health, childcare and potential income capacity and financial resources. Property settlement after separation is frequently a significant challenge. Still, with the assistance of our property settlement lawyers in Melbourne, we can help lighten the load and make the process easier.
- Just and Equitable Division
After completing all the above processes, consideration will also be given by the Court to ensure the outcome is just and equitable. The final deliberation will include applying a test to determine whether the prospective property settlement after divorce is reasonable and equitable. It is important to understand that every case that goes before the Court is unique, and it is essential that you have an experienced property settlement lawyer on your team to counsel you and ensure the process is fair.
How Does Property Settlement After Separation Work?
Many factors are taken into account when it comes to deciding on a property settlement after separation. Married couples looking to dissolve their union through a divorce to end their relationship will have twelve months after the date the divorce is granted to work out an amicable property settlement or obtain the services of a property settlement lawyer in Melbourne and go through the court system to have property legally and fairly distributed.
In the case of de facto couples separating, they have two years from their separation date to come to an arrangement concerning their property settlement after parting ways. Separating couples benefit greatly from property settlement mediation to make an arrangement without Court intervention. Obtaining the services of the best property settlement lawyers at Mazzeo Lawyers offers some reassurance you will get the best legal advice.
Family Law Property Settlement (Post Separation)
It is unfortunate but all too common these days for marriages and de facto relationships to breakdown. Once a marriage or de facto relationship ends, assets and property often get divided with the assistance of the Courts to obtain a property settlement agreement if the parties involved cannot come to an amicable arrangement made between themselves, or by using property settlement mediation. Whichever route you and your ex-partner are taking, it is strongly suggested to get advice from a property settlement solicitor.
Even if you opt to divide assets and property amicably, it is prudent to obtain the services of property settlement lawyers in Melbourne to ensure the division is fair and equitable, and to safeguard your future. During such a difficult and often incredibly stressful time, one can be forgiven for agreeing to, or making decisions that have far reaching consequences down the track. To avoid such pitfalls a property settlement lawyer from Mazzeo Lawyers will happily represent you and get you a fair and correct property settlement agreement.
Need Property Settlement Mediation? Speak to our Property Settlement Lawyers Today!
If you are going through a separation from a partner, it is often not a straightforward or painless journey, but having the best property settlement lawyers on your side to ensure all of your legal rights and obligations are taken care of is invaluable. We have an understanding team of highly experienced property settlement solicitors in Melbourne available to provide advice and help you in obtaining a fair property settlement after separation or divorce.
Testimonials
Our firm’s core business is property development. We develop projects across a number of sectors including residential, commercial and childcare. We have dealt with Mazzeo lawyers for a number of years on many legal matters and advisory services. Our experience with Mazzeo lawyers has been excellent and we could not more strongly recommend them. They have a great team, excellent customer service and extensive legal experience that always has been a great asset for us.
Testimonials
Appointing a solicitor when you have no connections with any legal firms is not easy. Mazzeos was suggested to us by a friend and from the outset Nick, Tom and their team gave us great confidence that we had made the right choice. At times during the last twelve months challenging decisions had to be made in a complex case. We were given all the alternatives with recommendations and with Mazzeos help we managed to navigate our way to a satisfactory result.
Testimonials
I worked with Nick and his team on a complex legal matter over a couple of years. I felt supported every step of the way. The team at Mazzeo Lawyers was always available and they genuinely cared about me and my family, and about the outcome of our case. Their lawyers are honest, they are experts in their fields, and they are really there when you need them. I will continue to use Mazzeo Lawyers for all legal matters. It’s a relationship built on trust and respect.
Testimonials
My experience as a client working with the team at Mazzeo Lawyers made a prolonged, complex and sensitive case more bearable to endure. Throughout the process, I felt I had an outstanding team behind me. At times, they went above and beyond. Despite the many challenges, their professionalism and expertise ultimately provided me with an excellent outcome. I will forever be grateful to Nick Mazzeo and his talented team.
Testimonials
We have worked with Nick Mazzeo for over 30 years. Since the beginning we have always felt Nick has expressed sincere dedication and a keen desire to ‘want’ to assist you. He has always shown immense knowledge and compassion. We believe that the ‘win’ outcome is important, however the process for us is far more significant. When a legal case is taken on by the team at Mazzeo Lawyers, personally or professionally they work comprehensively to provide the best outcome.
Property Division
FAQ’s
What is included in the property pool for settlement?
In Australia, a family law property settlement is commonly accomplished using a four-step process. Firstly, a calculation of the total net assets will be conducted, followed by working out the asset pool contributions of both parties. Future needs will be assessed, and then, based on all the information gathered, a fair and equitable outcome will be decided upon. The assets considered for the pool could be the family home and any investment properties, vehicles, boats, and caravans. Shares, savings, household items and personal effects can also be included to determine a divorce property settlement and trust funds and inheritance. Debts, loans, and credit cards will also be examined and included in the asset pool for a family law and property settlement.
How is the property divided in a divorce?
There is often a lot of misinformation regarding how property is divided in Australia following the dissolution of a marriage or de facto relationship. As experienced property settlement lawyers in Melbourne, we have dealt with numerous cases of family property settlement, and we can set the record straight by saying that there is certainly no rule that says each party involved is entitled to half of the available assets. Many factors are considered to reach a property settlement after divorce or separation, making it critical to have the assistance of the best property settlement lawyers.
Can I keep my superannuation in a divorce?
Under the Family Law Act 1975, your superannuation will technically be considered property if your marriage or de facto relationship breaks down and a family property settlement needs to be reached. A property settlement agreement can be achieved amicably between the two parties with the assistance of a property settlement attorney and property settlement mediation or through a Court order. Whichever route you and your ex-partner decide to take, seeking legal advice from a property settlement solicitor before agreeing to any divorce property settlement agreement is advisable.
Do I have to go to court for a property settlement?
You don’t always require the intervention of the Court to obtain a fair and just property settlement after divorce. If you and your ex-partner can agree to a compromise, you could receive the services of property settlement solicitors to tend to the legal matters. If you are close to an agreement but need help getting it over the line, property settlement mediation has proven highly effective for couples wanting a divorce property settlement agreement but wish to avoid taking it before the Family Law Court. So, ultimately, a family law property settlement can be agreed away from the Courts with the assistance of a Mazzeo Lawyers property settlement lawyer in Melbourne.
How long do I have to apply for a property settlement?
If you are seeking a family law and property settlement after a divorce, you have twelve months from the date of the dissolution of the marriage to get a divorce property settlement in Melbourne. If you were involved in a de facto relationship, you have two years from the date the relationship ended to get a property settlement. You must seek legal advice to best deal with the process and to learn where you legally stand regarding any potential claim. If you search the internet using terms such as property settlement lawyers near me, you will find a host of property settlement solicitors. But you need Melbourne’s one of the best property settlement lawyers to ensure you get the best legal representation and a fair and just settlement. So, call our team at Mazzeo Lawyers today, and we’ll guide you through the process
