Property and Financial Settlements
We have an abundance of expertise in conducting complex family related property and financial matters. Our Family Lawyers will achieve the optimum financial outcome that secures your financial future.
Our services include:
- Taxation consideration arising from separation.
A major point of contention following separation is how the assets and liabilities of the parties shall be divided.
Property is given a wide meaning under the Family Law Act and includes houses, cash and personal debts that you may have. Superannuation is also included in property distribution and is considered to be an important future asset.
All property owned separately or jointly in a relationship is considered under the Family Law Act.
There are four steps that shall determine what is considered to be a just and equitable division of property in a divorce. It is important all of the assets, liabilities and superannuation of both parties are taken into account and valued. This provides the overall matrimonial asset pool, and helps to determine what is available to be divided between the parties.
Upon ascertaining the asset pool, we look at the contributions that have been made to acquire or improve the asset pool. For example, if you owned a house before the relationship commenced, then subsequently sold that house and used the proceeds to purchase the matrimonial home, this is considered to be a direct financial contribution. In addition, if you took care of the children whilst your partner worked and earned income, this is considered to be an indirect financial contribution.
Once the future needs of each party are determined, including your responsibility for caring for a young child or the difference in income earning capacity between yourself and your partner, we are then in a position to determine was is a just and equitable property settlement.
Parenting and Custody
Legal disputes involving children and parenting require empathy and emotional intelligence. Our advice is intuitive, understanding and above all aware of the human condition that encapsulates your personal circumstances.
Our expertise include:
- Parenting and care arrangements for children.
- Relocation and unlawful removal of children.
A significant consideration for parents who separate is how the children of the relationship be cared for post-separation. As there will be a chance in both parents’ circumstances, it is important that each parent is given the opportunity to develop a meaningful relationship with the children.
Seitz & Pepper Family Lawyers have experience in helping separating parents come to an arrangement that is in the best interests of the children. Our Family Law team has expertise in child custody and related matters in the Family Courts, including:
- Equal time – for example, where both parents are able to spend time with their young child for one week each.
- Recovery orders – for example, where one parent unilaterally removes a child from the care of the parents, and will not return them.
- Drug and alcohol issues – for example, where it is deemed that one parent does not have the capacity to care for the children unsupervised.
- Child support payments – for example, where a parent who has accumulated a substantial child support debt is able to have the debt significantly reduced.
Separated parents often succumb to additional pressure because they fear that the children will suffer as a result of the separation. When both parents actively engage in the care and time they spend with the children, a positive environment for the children that is conducive for stable development is more likely to be fostered.
Attending a Family Relationship Centre is the most beneficial path parents can initially take post-separation. This is a free government funded service that helps both parents meet with an experienced mediator who works to enable separating families come to achieve workable parenting arrangements, that is outside the Court system.
In the event that both parents are unable to enter into a parenting plan, the Family Dispute Resolution Practitioner shall issue both parents a section 60I certificate. This certificate is required by the Family Courts before the Court will make a decision about how the children will be cared for.
De facto Relationships
De facto couples in Australia have the same legal status as married couples. However, this is a technical area of the law, and it is not always clear when a de facto relationship exists. Our Family Law expertise lies in ascertaining whether you are in a de facto relationship and advising you on the financial implications of entering one.
- Binding financial agreements.
- Parenting and care arrangements for children.
- Superannuation splitting.
International Family Law
We are experienced in international and cross-cultural Family Law matters. This enables our lawyers to skilfully navigate complex jurisdictional issues.
- Child support and registration of overseas orders.
- De facto and common law couples.
- Moving internationally with children.
- Property settlements in Australia and overseas.
- Spousal maintenance and alimony.
Binding Financial Agreements
A Binding Financial Agreement may be an effective way for couples to make arrangements for the division of their assets in the event of separation. Such financial agreements can be made before or during a relationship, or after separation. Although various advantages exist to entering into a Binding Financial Agreement, it is imperative that are provided with our expert advice to ensure this is the right option for you.
Our Family Lawyers have extensive experience drafting Binding Financial Agreements and shall advise you on their suitability, including if you are seeking to protecting your significant personal wealth and assets.
A Binding Financial Agreement is a form of settlement agreement that sets out how the property and superannuation is agreed to be divided between the parties. The Binding Financial Agreement provides for full and final settlement of all matters between the separated spouses.
The Binding Financial Agreement can further bet used as a form of what is colloquially referred to as a ‘prenuptial agreement’ or agreement during a relationship or marriage. This sets out how property should be divided in the event that the parties become separation.
Seitz & Pepper Family Lawyers has a wealth of experience in drafting and advising clients on Binding Financial Agreements. Our fees for drafting and advising you on a Binding Financial Agreement are fixed – this means we will assess your circumstances and discuss with you the requirements of your Binding Financial Agreement. Once we know the details we will provide you with a fixed price quotation for undertaking the work in preparing your Binding Financial Agreement, and providing to you the advice required to make that agreement binding.
The requirements of a Binding Financial Agreement include:
- Making reference to the section of the Family Law Act that is relevant to your circumstances in the relationship or marriage at the time of entering into that agreement.
- Both parties signing the agreement.
- The parties each receive independent legal advice on the effect of the agreement.
- A separation declaration is signed to bring into effect the terms of the agreement.
- All property interests are included in the body of the agreement or schedule attached to the agreement.
- A Binding Financial Agreement can only be varied by the parties making a further Binding Financial Agreement to replace, vary or terminate the original agreement, or by order of the Family Courts setting aside the terms or part of the agreement.
Consent Orders
Consent Orders can be entered into for both financial property separation and child spend time arrangements.
Seitz & Pepper Family Lawyers will advise you on any proposal you have for Consent Orders in terms of how to draft any agreement in the correct legal form to be acceptable for the Family Court to make those orders.
Our Family Law team can advise you on the transfer of property and how to avoid incurring stamp study on transfers between spouses and other third parties in a separation. We also provide advice on the requirements of re-financing property into one spouse’s name in terms of signing off on final orders for the bank to allow a re-financing to progress.
We will also advise you on the enforceability of Consent Orders to ensure that any agreement between spouses is carried out with regards to the separation and payment of a property settlement or transfer of property.
In terms of child matters, we will advise you on how enforceable a proposed Consent Order is going to be, and what to do in the event that one party does not comply or contravenes the Consent Orders. Our advice can extend to providing for a number of protective orders such as supervision of spend time arrangements, drug screening, restraints not to bring the children into contact with certain people and providing for a child’s particular special or medical needs.
Seitz & Pepper Family Lawyers provides fixed price fees for advising, negotiating and drafting the Consent Orders.
Family Violence Orders
Family violence includes physical, sexual, emotional, psychological and financial abuse. A family violence order is designed to protect victims of family violence, including those who are at risk. Our family violence lawyers will assist you to apply for family violence orders and will represent you at court hearings.
Our family violence lawyers will also help you to oppose domestic violence orders. If you have been served with an application for an order, it is important to obtain our expert advice in advance of any court appearances.
Divorce
A divorce order marks the formal end of a marriage, however the divorce is separate to the process for dividing marital property. As there are strict time limits for financial and property settlements following a divorce, it is important you obtain our expert advice before you make or respond to an application for divorce.
Our Divorce Lawyers regularly assist clients seeking and responding to applications for divorce, and provide accessible, direct and straightforward guidance on the divorce process. Our lawyers have wide-ranging and extensive experience representing clients at divorce hearings and related court applications.
In Australia, we have a no-fault divorce system. This means that to get a divorce, the Court only needs to be satisfied that the marriage has irretrievably broken down. You do not need to prove who was at fault or who caused the marriage to break down, just that the marriage has broken down.
This means that if you and your ex-partner have been separated for 12 months or more, whether you or your ex-partner have moved out of the family home or are still living under the same roof, the Court will grant a divorce.
Mediation
Mediation may be a more suitable dispute resolution process, when seeking to have matters resolved in an expedient and private manner. Our Family Lawyers are experienced in mediating dispute-related matters between parties, with a particular emphasis on:
