Property & Financial matters
Property & Financial matters
During a relationship, it is common that parties have accumulated assets and liabilities together which need to be severed following the breakdown of their relationship.
If the parties were married, they have twelve (12) months from the date of divorce to finalise all property/financial matters. If the parties were in a de facto relationship, they have twenty-four (24) months from the date of separation to finalise all property/financial matters.
It is important that when parties have separated, that they are no longer financially attached to the other party, particularly if there have been any assets or liabilities that have been obtained or accrued post-separation.
WHY DO YOU NEED A FAMILY LAWYER FOR A PROPERTY/FINANCIAL MATTER?
The experts at Brydens will assess the combined assets and liabilities of the parties and their respective contributions during the relationship to determine what you will be entitled to. This involves requesting full and frank disclosure from both parties either directly or through their legal representatives.
We will then advise you of your possible entitlement by way of percentage depending on your circumstances. For example, the amount of contribution that you have made initially, during the relationship and post-separation, the length of the relationship, and whether there is any child/children to the relationship and who said child/children live with.
Brydens Lawyers can also advise you about what can be added to the matrimonial pool and what types of contributions may be considered.
WHAT WILL THE FAMILY LAWYER ORGANISE FOR YOU?
Brydens can organise the appraisal and/or valuations of the various assets owned by yourself and the other party as well as ensure all joint accounts are closed and joint debts are repaid. Brydens Lawyers provides free family law advice for everyone.
Family lawyers can assist the parties to reach an agreement and formalise same by way of consent orders or a Binging Financial Agreement to ensure the agreement reached is enforceable. However, if no agreement can be reached, family lawyers are able to prepare court documents seeking that particular orders are made with respect to the parties’ assets and liabilities and represent you in court.
WHEN SHOULD YOU CONSULT A FAMILY LAWYER?
You can consult a lawyer at any stage, but it will be best to consult a family lawyer at the early stages before any division is made or an agreement or orders signed.
WHAT ARE THE
The legal fee varies on a case by case basis and is dependent upon the age of your children, the instructions you provide to the family lawyer and the nature of the work to be undertaken.
To find out more, contact our office to discuss your matter further.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers provide you with honest and concise advice and provide you with all the information you need when it comes to the parenting arrangements for your child/children at a reasonable cost.
LATEST NEWS FROM LEE
Following my recent post concerning medical negligence claims an enquiry was received as to whether it was also possible to sue lawyers and judges in the event that they have been negligent.
The simple answer is yes and no.
A lawyer can quite readily be sued if it is established, again ultimately to the satisfaction of the court, that the lawyer has been negligent and that as a result of that negligence, the client has suffered injury, loss or damage. The question of negligence is determined by reference
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