Property Settlement
RMB Lawyers can provide you with legal advice on:-
- How to divide assets such as real estate, motor vehicles, savings, shares, furniture and household effects;
- How to split superannuation;
- Whether one spouse can provide financial support for the other (spousal maintenance);
- What arrangements will be made in regards to the financial support of the children (child support).
In relation to property settlement it is necessary that both parties attempt to reach an agreement outside of Court, (before filing an Application for Property Orders). There is a requirement that both parties undertake pre-action procedures before filing an Application for Property Orders with the Family Court or the Federal Circuit Court, which may include participating in Dispute Resolution.
In cases involving urgency, family violence or refusal to negotiate, the Court may accept that it is not possible or appropriate for the pre-action procedures to be carried out. RMB Lawyers do not only represent you in Court but also are able to assist you in negotiating a property settlement prior to commencing Court proceedings.
There are two ways that an agreement for property settlement can be formalised out of Court; namely by either Consent Orders or a Financial Agreement.