Property & Financial Settlements

Clear advice. Strategic guidance. A fair path forward

Property and Financial Settlement

At Cahill Family Lawyers, we understand that separation is often not easy, and when property and financial matters are involved, the path forward can at times feel uncertain and overwhelming. Our experienced team is here to guide you through this process with clarity, care, compassion and sound legal direction.

In family law, property and financial settlement is a crucial process that occurs after separation, and involves the division of assets, liabilities and financial resources, which can include:

  • Real estate
  • Motor vehicles (including motorcycles)
  • Superannuation
  • Cryptocurrency
  • Shareholdings
  • Business interests
  • Trusts
  • Debts (which may include mortgages, credit cards and personal loans).

Let’s Discuss Your Legal Matter

Speak with our experienced family lawyers for clear, practical advice tailored to your circumstances.

The Family Law Act 1975 (Cth), requires that any property settlement entered into between separated parties must be ‘just and equitable,’ meaning that the outcome that is reached, must be fair, having regard to the individual circumstances of the matter. Reaching a just and equitable property settlement does not necessarily mean an equal division of assets. The legislation considers a range of factors, including each party to the matters financial and non-financial contributions, together with their future needs, such as income earning capacity and care of any children to the relationship.
At Cahill Family Lawyers, we pride ourselves on working with clients to identify individual goals, and to develop a sound strategy that is tailored to specific circumstances. Where possible, we recommend resolving property and financial settlement matters through negotiation and by consent, without recourse to litigation, as this approach is typically more efficient, less adversarial and significantly more cost-effective.
In the event that agreement cannot be reached by consent, and all alternative methods of resolution have been exhausted, such as Family Dispute Resolution or Mediation, the next necessary step may be commencing litigation in the Federal Circuit and Family Court of Australia. In the event that litigation becomes necessary, our team has extensive expertise in this area, and is committed to supporting and guiding clients through every phase of the court process.

If you have recently separated, or are contemplating separation, our experienced team is here to provide guidance and support throughout the process.

Disclaimer:

The information provided on this page is of a general nature and does not constitute legal advice. Separation and divorce matters can be complex and vary significantly depending on individual circumstances. We recommend you contact our office directly for tailored legal advice, suited to your individual needs and circumstances.

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