Property & Financial Settlements

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.