Property & Financial Settlements
100% committed to getting the best outcome for your case.
Legal Assistance - Family Property & Financial Settlements
At Hodgson Lawyers, we offer personalised advice on your legal rights and duties, as well as potential outcomes for your situation. We’re equipped to handle negotiations with your ex-spouse or de facto partner, or their legal representative, to secure a property settlement that benefits both parties.
Following a successful negotiation, we can finalise the agreement by drafting Consent Orders and submitting them to the court on your behalf. Should it be necessary, we are also prepared to initiate court proceedings by creating and lodging a property settlement application, ensuring you are represented professionally in court.
Legal Assistance - Family Property & Financial Settlements
At Hodgson Lawyers, we offer personalised advice on your legal rights and duties, as well as potential outcomes for your situation. We’re equipped to handle negotiations with your ex-spouse or de facto partner, or their legal representative, to secure a property settlement that benefits both parties.
Following a successful negotiation, we can finalise the agreement by drafting Consent Orders and submitting them to the court on your behalf. Should it be necessary, we are also prepared to initiate court proceedings by creating and lodging a property settlement application, ensuring you are represented professionally in court.
Your Property After You Separate
After separating from your spouse or de facto partner, it’s crucial to arrange the division of your property and disentangle your financial affairs. You are entitled to negotiate a property settlement immediately following your separation. At Hodgson Lawyers, we’re here to offer tailored advice on your legal rights and responsibilities, along with the potential outcomes of your case.
Should you and your former partner come to an agreement regarding property division, you can formalise this agreement through Consent Orders, which the Court must approve. This step ensures that your agreement is legally binding, safeguarding both parties against future property claims and offering certain tax advantages. Consent Orders can encompass the transfer or sale of assets, division of superannuation, and arrangements for spousal maintenance. Importantly, obtaining Consent Orders does not require you or your partner’s presence in court.
However, if an agreement cannot be reached, you may need to apply to the court for a property settlement. Be mindful of the time limits for initiating court proceedings related to property issues:
- Married couples have 12 months from the date their divorce is finalised to commence proceedings.
- De facto couples have 2 years from the end of their relationship to do so.
The court may permit applications outside these time frames under exceptional circumstances, but such extensions are not granted automatically.
How Does the Court Divide Your Property?
In resolving property applications, the court typically employs a four-stage process:
1. Calculation of the Net Asset Pool: This involves identifying and valuing all assets and liabilities.
2. Evaluation of Contributions: The court examines both partners’ contributions to the asset pool and the relationship, including:
- Direct financial contributions, e.g., income from employment.
- Indirect financial contributions, e.g., gifts and inheritances.
- Non-financial contributions, e.g., property improvements.
3. Contributions to family welfare, including domestic duties and childcare.4. Assessment of Future Needs: Factors such as age, health, earning capacity, and child-rearing responsibilities are considered.
Fairness of the Settlement: The court ensures the proposed division is just and equitable for both parties.
At Hodgson Lawyers, we’re committed to guiding you through each step, providing expert advice and representation tailored to your unique situation.
“We will tell you what you need to know which may not be what you want to hear but it will put you on the best path to achieve your aims.”
John O’Byrne, Principal Solicitor.
What You Can Expect From Us:
Honesty & Trust
We pride ourselves on being an ethical law firm. We take our position of trust very seriously in regards to your situation.
We understand your position and you can trust us to lead your legal journey to get you the best result possible.
Easy to Understand
We understand how confusing the legal system can be.
Therefore, we ensure you understand your position, what is required and the path forward in each step through your legal journey.
Professional Guidance
With over 20 years experience in the Queensland legal system, there is no case we have not worked on.
Rest assured that whatever you are going through, we have the experience and knowledge to professionally help you.
Personalised For You
Our team work hard and value creating an ongoing relationship with you through regular meetings and exceeding your needs. We value a positive experience for you right through the process and delivering your result.