Fox Cheshire

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      • Separation of Property & Assets
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      • Preparing your Will
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  • Home
  • About Us
  • Areas of Practice
    • Business & Commercial
    • Conveyancing
      • Buying Property
      • Selling Property
      • Retail & Commercial Leasing
      • Retirement & Nursing Home Property
    • Family Law & Divorce
      • Children
      • Divorce & Separation
      • Separation of Property & Assets
    • Wills & Estate Planning
      • Preparing your Will
  • For Clients
    • Your Secure Documents
  • Contact Us

Separation of property and assets

Do I have to be divorced to split the property?

As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.

Do we have to go to Court?

No, not at all. If you have already agreed on how things should be divided between you, Fox Cheshire can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.

What if we can’t agree?

There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.

If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.

Fox Cheshire will help you every step of the way, through to the matter going to Court and making a legally binding decision.

How does the court decide?

Firstly the Court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, during the relationship, and even after separation. Our commercial law experience means we can track and find assets that one party might try to “hide”.

Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.

Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.

Lastly the court will make a decision based on what is just and equitable to both parties.

We can help

Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome.

Contact us to discuss your particular situation with an experienced family lawyer.

Family Law & Divorce

  • Children
  • Divorce & Separation
  • Separation of Property & Assets

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Fox Cheshire

Fox Cheshire have assisted small and large businesses to start, grow and flourish, have bought and sold hundreds of properties with our clients, and have stood with thousands of clients to achieve or defend their legal position.

Our Advantages

At Fox Cheshire, we understand you, and we make sure you understand us. Our 20 year plus Principal and the team will build with you, create with you, stand up for you and protect you. Talk to Fox Cheshire about your legal needs. How can we help you?

Contact Us

  • Suite 302, 71 Longueville Road Lane Cove NSW 2066
  • 0434 369 600
  • paul@foxcheshire.com.au

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