David H Cohen and Co Solicitors - family lawyer - criminal lawyer - traffic lawyer

PROPERTY SETTLEMENT

David H Cohen & Co

David H Cohen & Co

Property Settlement

FAQ

Property Settlements can relate to spousal maintenance orders, child support, division of property and financial arrangements. They can apply to couples of the former marriage or of a de facto relationship.

The Property (Relations) Act 1984 states that a property agreement can only be concluded when each party has had independent legal advice.

Property Settlements can be reached through mediation, negotiation or court proceedings. We can advise you of your rights and obligations so that you get the best arrangements for your situation.

Please be aware that there are strict time limitation periods in property law matters according to the Family Law Act 1975. Contact us so that we can assist you as suits your particular circumstances.

1. What is a financial agreement?

A financial agreement, known as a Binding Financial Agreement, set out the financial arrangements of the parties when there is a breakdown of a marriage or relationship.

The agreement usually provides for the division of assets of the parties and or financial support of one spouse to the other.

Every case is different so we can talk to you to work out how to help you and what the Court requires.

2. How do you get spousal maintenance?

Spousal maintenance applies in circumstances where one spouse has a need for financial assistance and the other spouse has the ability or capacity to pay.

This usually occurs in circumstances where one spouse is unable to work due to a lengthy period of not working such as being a home carer. That party may need to attend re-training, alternatively the full-time caring of the children or have a physical or mental disability that may preclude work.

Respect of the clients

honesty and competence.

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