Whether it may be a married or a de facto relationship, it can be an overwhelming task to consider the division of assets and liabilities after a separation. For the unfamiliar, property settlement can be a complicated process, especially without the right knowledge of laws and timeframes for applications. For example, did you know that you must apply for a property settlement within 12 months after a divorce if you were married, and within 2 years if you were in a de facto relationship? Such things may seem simple to follow, but legal proceedings can get confusing when all you want is to divide your assets and move on.
For this reason, it is a good idea to consult with a property settlement lawyer in order to ensure that you are able to get the settlement that you are aiming for after separation. Of course, there are also property lawyers that specialize in commercial property acquisition, but if you are looking specifically for guidance in ensuring that your financial relationship will cease to exist as decided upon by the Family Court, as well as a fair division of assets, a property settlement lawyer will be the best fit for your needs.
It is important to consult an expert in property settlement, as this means that you will have counsel on the determination of settlements, and the writing of property settlement agreements, all done within a reasonable timeframe that will ensure that the proceedings go as smoothly as possible. Skilled and knowledgeable property settlement lawyers will be able to provide advice best suited to your case whilst considering the circumstances, such as the length of the relationship, parenting and financial contributions, as well as your future needs. While there is no set rule or guideline for how property settlement is determined, the Court is required to look at the conditions of the relationship in order to provide a ruling that will be as fair as possible for all parties involved. Getting legal counsel ensures that not only will your settlement be legally binding, but you will also have a greater chance of receiving the proper legal entitlement, as they will have the skillset to negotiate in your favour.
And if there is family violence involved in the circumstances of your separation, you may be wondering how this may affect the subsequent negotiations and proceedings. Your property settlement lawyer will be able to assist in this matter, as there are specific requirements that need to be substantiated with evidence in order for this to have a significant role in the proceedings. Evidence must be provided of the incidence, and the effect of domestic violence of the aggrieved party, as well as evidence that will enable the court to quantify that the violence that occurred has impaired upon the parties’ capacity to contribute.