02 9222 8000

COMPASSIONATE FAMILY LAW EXPERTS

PROPERTY SETTLEMENT

Family Lawyers

Any divorce or separation will be a stressful and deeply emotional process for any couple, but this will be especially true if conflict develops over the division of property and assets.

The law favours mediation and negotiation over court conflict, and indeed every divorce or separation needs to begin with these processes before going to the Family Court or the Federal Circuit Court. However, not all couples can reach an agreement in this way. At Diamond Conway we understand that court proceedings involving property can often become overwhelming, but we have the expertise and the sensitivity to work towards an agreement that is beneficial, fair and equitable, no matter how far your case has to go.

Our legal team includes an accredited specialist in Family Law, partner Tom Doumanis, and we have many years of experience in dispute resolution and property settlement, with a respected record of success and of keeping the process as angst-free as possible. For advice and legal support in this complex area of Family Law, call us at Diamond Conway today on 02 9222 8000.

Dividing Property & Assets – What You to Consider

Children First

In the emotional atmosphere surrounding a divorce or separation, it is often difficult to keep the highest priorities of negotiations clear. Property and assets are without doubt some of the most obvious and largest aspects of any settlement, but ahead of these come children, if a couple has them. If you are seeking a divorce or separation and you have children, before considering property and assets, click here to visit our page on child custody and click here to read about child support.

Different Kinds of Property & Assets

Every family has its own unique set of possessions and assets, acquired throughout the lives of each partner in a couple. These may include, but are not limited to:

  • Real estate – family homes and investment properties
  • Cars
  • Furniture, heirlooms, fine art and other valuables
  • Shares, investments and superannuation

Property & Assets Mediation in Court

The law requires every divorce or separation process to begin in mediation or negotiation. Only if these processes fail to produce an agreement does your case need to go to the Family Court or the Federal Circuit Court. At Diamond Conway, we have the expertise and skill to support your case at any stage of the process, no matter how far it goes.

In any case, both spouses or partners will be required to disclose all of their financial holdings, assets and liabilities, including debts.

Every aspect of division of property or assets can be covered in mediation and negotiation. If a couple does reach agreement this way, then a court will assess the result and in most cases it will grant Consent Orders, formalising whatever a couple has agreed to. No further court proceedings will be necessary.

If the division of property or assets cannot be agreed on in mediation, then the case will have to proceed to court. In that event, the court will centre the dispute on four key factors:

  • The overall total of property and assets, owned by both partners or spouses
  • What financial or property contributions the spouses or partners have made to each other’s holdings – that is, what gifts or exchanges they have made while together
  • The needs of both spouses or partners – based on their age, their health, their earning power, their future incomes, their present individual property and assets, their new individual property and assets (which may come from changed circumstances or new relationships), their future parenting responsibilities
  • What effect the property settlement may have, practically, on each spouse. This is the key test of whether a settlement is equitable and fair.

Fairness, Equity & Conflict Resolution in Dividing Property & Assets

Dividing property and assets is one of the most emotionally draining and stressful aspects of any divorce or separation. It can often feel overwhelming to see the possessions which have accumulated value and memories throughout a relationship split up and redistributed. At Diamond Conway we have the skill and the sensitivity to seek a property settlement that reflects not only your ownership of certain items or assets, but also your true attachment to them. Fairness and equity are not only a matter of finance.

We will endeavour to keep the mediation process as free from angst as reasonably possible, but we recognise that not every divorcing or separating couple can be reach agreement through mediation. If your case has to go to court, we are equally ready to seek a fair and beneficial outcome for you.

Diamond Conway – Property Settlement Experts

Every divorce or separation will be stressful for each spouse or partner, but at Diamond Conway we offer a diligent and compassionate legal service, focused on seeking the best possible outcome in mediation or in court conflict. Our legal team includes an accredited specialist in Family Law, partner Tom Doumanis, and we have a respected record of success in every aspect of this area of legal practice. For knowledgeable and experienced advice on any aspect of a property and asset division, call us today on 02 9222 8000.

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FAMILY LAW TEAM

Our Family Law team comprises of 5 highly experienced family lawyers, 3 of whom are Accredited Specialists in Family Law. They understand the emotional trauma that often comes with family law matters and work towards a fast & fair resolution, whenever possible.

To see their full profile, simply click on the appropriate name listed below.



CONTACT

DIAMOND CONWAY LAWYERS
Level 7, John Hunter Building
9 Hunter Street
Sydney NSW 2000

Phone: +61 2 9222 8000
Fax: +61 2 9222 8008
Email: familylaw@diamondconway.com.au
DX: 707 Sydney