Family Law

We are experienced family lawyers specialising in property settlements

It is true that around 50% of separating couples do not seek legal advice in relation to their property settlement. However, a private agreement regarding the separation of property will not legally finalise your property settlement or prevent a future claim by your former spouse, regardless of whether you were married or de facto and no matter how much time has expired.

There are only 3 ways to legally finalise your property settlement:

  1. Consent orders; or
  2. Binding Financial Agreements; or
  3. Judgment of the Family Court or Federal Circuit Court.

If you do not finalise your property settlement via one of these methods, which all require either a solicitor or court intervention, you remain exposed to a future claim by your former spouse.

You will also miss out on the stamp duty exemptions applicable to the transfers of real property under binding financial agreement or court order, which usually equates to tens of thousands of dollars in savings.

IMPORTANT NOTE: Divorce does not finalise your property settlement and is a separate application to the Federal Circuit Court. This step is usually undertaken by couples after finalisation of their property settlement.

Recently separated or thinking about separating? Make sure you understand your rights, entitlements and obligations.

Contact Sean Powell now to take advantage of our 40 minute cost-free initial consultation.

Can’t make it into the office? We are flexible and can make other arrangements that suit you

Sean can be contacted on:

Direct line:          07 5536 3055 ext 3

Office line:          07 5536 3055 ext 1

Email:                   spowell@wilsonhayneslaw.com.au

Cost Free Initial Consultation

If you are interested in knowing more about how we might be able to assist you, please call
07 5536 3055 to make a cost free initial, 40 minute consultation with our Principal, Mr Jim Wilson.