The decisions you make during separation or divorce are often some of the greatest emotional and financial decisions of your life. 

At Kelly Legal we understand how difficult separation is and this is where our experience and expert legal advice ensures you make the best, informed decisions about your entitlements when dividing your assets and property.

Independent legal advice will help you to understand your rights and can also help you and your former partner reach an agreement without court proceedings. 

Informal agreements are not legally binding and will not be enforceable in court. There are two options for legally finalising property settlements following a negotiated agreement:

1. A financial agreement prepared in accordance with legislative requirements, or
2. An order made by filing in court an Application for ‘Consent Orders’

with an experienced family lawyer will ensure you understand these options.

Richard Callaghan has over 30 years’ experience in family law and is a well-known property settlement specialist. Contact Richard and his team of family law solicitors on 4911 0500 today to secure your financial future.

Mediation in property settlement

Mediation is commonly used in the resolution of parenting matters; property matters and spousal maintenance matters.

Mediation in property settlement may assist both parties to agree on arrangements for property without having to go to court.

Mediation is when both parties engage their own legal representative and participate in a process of communication and negotiation towards a mutually agreed and beneficial resolution.

Mediators practice privately or can be found in various mediation services such as Relationships Australia, the Family Relationships Online website or Centacare. You can also phone Family Relationship Advice line on 1800 050 321.

Mediation provides the framework for parties to work through issues like:

• How property, assets, liabilities and superannuation interests will be handled
• Determining and negotiating financial obligations, especially for children

Call today on 4911 0500 to book an appointment and take steps in the right direction.

Property Settlements

Property settlement is the process of dividing assets and liabilities of the relationship in a ‘just and equitable’ manner if seeking Court Orders. Just as every family is different so too is every property split. 

Your property settlement will be influenced by several factors, including:

• The net asset pool (assets and liabilities)
• Contributions of each party (financial and non-financial)
• Future needs of each party (parenting arrangements and income)
• Is the split ‘just and equitable’?

Some property settlements might be relatively straightforward whilst others can be particularly complex. 

A Kelly Legal family law solicitor will advise you on the options available to you and your former partner including mediation, financial agreements, consent orders or commencement of court proceedings, where an agreement is unable to be reached.

Our family law team will take a compassionate yet practical approach to your property and financial matters guiding you to the very best outcome for your financial future. Call 4011 0500 today to arrange an appointment.

Financial Agreements

Where you and your former partner can reach an agreement on your financial matters a financial agreement can be made.

A financial agreement records the terms of your property settlement without the need for court proceedings as it is a private arrangement that does not require court approval.

Because a financial agreement does not need court approval, in some cases the agreed settlement may be more advantageous to one party. To ensure you receive what you are entitled to in a settlement it is vital to have legal representation and support.

When negotiating and entering into a financial agreement both parties must receive independent legal advice prior to signing the financial agreement.  Each lawyer will then sign a certificate confirming they have provided advice to their client.

The emotional burden of a separation can make it difficult to clearly focus on your financial future and this is where the family law team at Kelly Legal can help. Contact us today to discuss your options, call 4911 0500.

Consent Orders

If you and your former partner agree on the terms of your financial settlement you may choose to present a consent order to court in place of a private financial agreement.

The main difference between a financial agreement and a consent order is that a consent order is filed with the court and the court will determine whether the order presented by separating parties is ‘just and equitable’.

A consent order that is presented to the court outlining a property settlement may also detail parenting arrangements.

Contact Richard Callaghan and his team today to get started on securing your financial future. Call 4911 0500.