PROPERTY SETTLEMENT LAWYERS SYDNEY
PROTECT YOUR ASSETS AND ENTITLEMENTS WITH OUR SPECIALIST PROPERTY SETTLEMENT LAWYERS IN SYDNEY
If you have separated or are going through the divorce process, you will eventually need to answer questions about who gets what in the split. In family law, this process is known as property settlement. It seeks to arrive at a fair and amicable agreement with your former partner about the distribution of financial resources and assets, including:
- Real estate (the matrimonial home and investment properties)
- Any businesses you own
- Investment portfolio
- Superannuation funds
- Motor vehicles
- Personal items like jewellery, furniture, and art
If you also have liabilities in your joint or sole names these will also be factored into your property settlement.
If you have accumulated significant money, property, and other assets during your marriage and plan to divorce, obtaining legal advice from experienced property settlement lawyers is vital.
At Ramsden Family Law, our Sydney family law team excels in addressing all family law matters and is ready to guide you through the complex and stressful process of property settlements.
WHAT ARE YOU ENTITLED TO IN A PROPERTY SETTLEMENT?
Contrary to popular opinion, property settlement is rarely a simple 50/50 split. Because of this, we understand it can be difficult and stressful to work out exactly what you’re entitled to when your marriage ends.
Luckily, the team at Ramsden Family Law are here to walk you through this process and clearly establish your expectations when negotiating with your former partner. While unlikely, if the matter cannot be negotiated and needs to go to court, our property settlement lawyers are fully prepared to advocate for your entitlements to ensure you get the best outcome.
HOW THE FAMILY COURT DETERMINES YOUR ENTITLEMENTS
In Australian family law, property settlement aims to achieve a ‘just and equitable’ division of assets so that both parties can move forward without further dispute.
What you are entitled to in property settlement is determined by an evaluation of various factors, including:
- Your initial, during and post-separation contributions to the property pool
- Additional assets you brought into the marriage
- You and your ex-partner’s incomes
- Inheritances, gifts, loans and windfalls
- The length of the relationship
A court-mandated evaluation of these factors only becomes necessary if you and your former partner cannot agree on property settlement privately. At Ramsden Family Law, we resolve most property settlement matters outside the courtroom by accurately predicting how the court will view the situation and leveraging this during negotiation with your ex’s legal representatives.
This results in a better outcome for you and your former partner, allowing both parties to control how assets are divided and avoiding the acrimony and expense of litigation.
WHY ENGAGE A PROPERTY SETTLEMENT LAWYER IN SYDNEY?
Due to the inherent complexity of property settlement matters, it is always recommended that you engage legal services to help you navigate the process.
Working with a local property settlement lawyer in Sydney has numerous benefits, such as:
EXPERT LEGAL ADVICE
A family lawyer experienced in property settlement matters can perform a holistic evaluation of your situation and give you expert legal advice on how to proceed. Without a lawyer, you’ll likely be overwhelmed by legal concepts you don’t understand and can make errors in judgment that put you at a disadvantage, especially if your former partner is getting their own legal advice.
COURT REPRESENTATION
Suppose your property settlement matter needs to be litigated in Family Court. In that case, you will want a lawyer in your corner who has courtroom experience and can tactfully advocate on your behalf.
LOCAL SUPPORT
A property settlement lawyer in Sydney will work in the same time zone as you and has an office you can visit for face-to-face meetings. This also means your lawyer can attend and support you in negotiation or dispute resolution sessions with your former partner.
WHY CHOOSE US?
EXPERIENCE IN COMPLEX PROPERTY SETTLEMENT CASES
Our team comprises accredited family law specialists with decades of experience in property settlement matters. With our in-depth knowledge of financial structures, including unique investment and superannuation options, our solicitors are uniquely equipped to help you navigate the property settlement process confidently.
CALM & EMPATHETIC APPROACH
Ramsden’s family lawyers understand the anxiety and urgency you may be feeling when it comes to finalising your financial relationship with your ex. We will sit down with you and calmly examine your situation to identify a path towards the best outcome for you.
EXPERT NEGOTIATION AND COLLABORATIVE LEGAL SERVICES
Our family lawyers engage all possible avenues to help you arrive at a satisfactory result without incurring court costs or fighting a lengthy legal battle. We can easily work with your former partner’s legal representatives to arrange negotiated settlements or facilitate alternative dispute resolution practices like mediation.
TAILORED LEGAL ADVICE FOR YOUR UNIQUE CIRCUMSTANCES
At Ramsden Family Law, you can trust us to provide legal advice tailored to your circumstances. Our family lawyers appreciate that every property settlement case is different and take their time to develop bespoke legal strategies aimed at achieving your best result.
CONSENT ORDERS FOR PROPERTY SETTLEMENT
A consent order is an enforceable family law agreement that allows you and your ex-partner to formalise the division of assets and parenting arrangements. Because it is a legally binding court order, a consent order is difficult and costly for either party to change or overturn. Consent orders are highly valued because they allow you to move forward with confidence that your property and parenting orders are settled.
Our lawyers can help you draft consent orders and negotiate the terms with your ex-partner and their solicitor. Once both parties agree to the terms, an Application for Consent Orders and Minutes of Consent can be filed with the Federal Circuit and Family Court of Australia.
Our team can help you with all aspects of preparing and filing consent orders and all other types of family law court orders.
FINANCIAL AGREEMENT VS CONSENT ORDERS - WHAT’S RIGHT FOR YOU?
Financial agreements, now known simply as ‘Financial agreements’ under the Family Law Act, are similar to Consent orders in that they are legally enforceable agreements about the division of marital assets.
The main differences are:
NEED FOR LEGAL ADVICE
Financial agreements are only valid if both parties have obtained independent legal advice when drafting the document. Unlike consent orders, this is because financial agreements don’t need to meet the Family Court’s guidelines for a ‘just and equitable’ division of assets. The requirement to obtain legal advice is there to protect individuals from entering into grossly unfair arrangements or ‘bad bargains’.
TIMEFRAMES
A financial agreement can be entered anytime, including before and, during aand after a marriage. In this wayIf before or during a marriage, they act similarly to prenuptial agreements (prenups) that seek to avoid property settlement disputes should either party seek a divorce. In contrast, consent orders must be filed within 12 months of a divorce order coming into effect or two years from the end of a de facto relationship.
ONGOING FINANCIAL RELATIONSHIPS
With consent orders, the court must end financial relations between both parties in the fairest manner possible as soon as possible. In a financial agreement, it is possible to maintain financial relationships between both parties, such as joint ownership of a business or investment property.
PARENTING ARRANGEMENTS
Consent orders allow you to settle child custody matters in addition to property settlement. A financial agreement only deals with financial resources and material assets.
Assuming you are separating and engaging in the divorce process, the right choice between a financial agreement and a consent order will come down to your individual circumstances and goals.
At Ramsden Family Law Sydney, our property settlement solicitors can help you make the proper determination and ensure your rights and entitlements are protected.
RESOLVE YOUR PROPERTY DISPUTE WITH RAMSDEN FAMILY LAWYERS
When it comes to divorce, ensuring that both parties walk away with a fair and reasonable property settlement is rarely a simple undertaking. Even with established guidelines on measuring contributions and future financial needs, this is not an exact science and needs to be interpreted with an expert’s eye for detail.
At Ramsden Family Law, our lawyers combine decades of experience, in-depth knowledge of past court rulings, and a compassionate approach to help our clients get what they’re entitled to without unnecessary stress. Importantly, we seek to achieve your best outcome without forcing you to attend court and fight a lengthy battle with your former partner.
Ally yourself with Ramsden’s property law team in Sydney so we can help you move forward without regret.
Contact us today for a free 30-minute initial consultation so we can assess your property matter and discuss your options.
FREQUENTLY ASKED QUESTIONS
HOW DO YOU NEGOTIATE A PROPERTY SETTLEMENT?
At Ramsden Family Law, we negotiate property settlement matters by ensuring we have a comprehensive understanding of all the financial resources and contributions in your marriage. Equipped with this knowledge, we can establish a baseline for what the Family Court is likely to grant you if the matter was to be settled by a Judge. From this baseline, we can enter into negotiations with your former partner and their lawyer with a firm, evidence-based argument for how assets should be divided.
HOW DO YOU CALCULATE PROPERTY SETTLEMENT?
Property settlement is calculated by the Family Court using a four-step process:
1. Establishing the property pool – Owned assets and financial resources in the marriage, including any debt.
2. Evaluating contributions – The direct financial and non-financial contributions made by either party to the asset pool, including contributions made post-separation.
3. Considering the future needs of each party – This looks at a wide range of factors, including age, health status, parental responsibility, income, earning potential, and more.
4. Impact of the property settlement – A final evaluation of whether the division of assets, financial resources and liabilities is ‘just and equitable’.
Learn more about the 4-step process for property settlement calculations.
HOW DO I PREPARE FOR A PROPERTY SETTLEMENT?
The best way to prepare for a property settlement is to hire an experienced family lawyer and carefully collect as much information as possible about your marriage’s property pool and the contributions you and your former partner made. The factual information about your assets, liabilities and contributions, combined with the experience of an expert lawyer, will ensure you are prepared to navigate the property settlement process and arrive at a satisfactory outcome.
Why Choose Us
Specialist Team
Our team of 16 family lawyers only practice family and divorce law so we know what we are doing.
Our
Fees
We can offer fixed fees for certain work, payment plans and are up front with our fee estimates.
Quick Turnaround
Our extensive support team ensures each lawyer’s file load does not compromise their efficiency.
Resolution Focused
Our experienced lawyers will explore all options to resolve your case without court intervention if possible.