FAMILY LAW, PROPERTY & FINANCIAL SETTLEMENTS
Carbone Lawyers understands that matters concerning families, personal relationships and money can be complex and sensitive. We can help you protect your assets and get the best outcome for you and your family without the stress and costs of going to court.
When a relationship ends, it can be a stressful, complex and traumatic experience. After separating from your partner, a division of financial assets and property must also be reached.
Legal battles in the Family Court can take years to resolve and, in addition to being emotionally and mentally taxing, can cost hundreds of thousands of dollars. Our objective at Carbone Lawyers is to keep your family out of the courts and settle matters with practical solutions and strategic negotiation.
The team at Carbone Lawyers is experienced in achieving financial settlements, with specific expertise in high-value property settlements and divisions. Our team can help you navigate the settlement of assets such as:
- Family homes
- Investment properties
- Shares
- Trusts, company and partnership structures
- Businesses
- Superannuation
- Other assets, including cash, jewellery, and cars
Other Services for Families
When you engage Carbone Lawyers to assist with your property and financial settlements, we can also assist married and de facto couples and third parties, such as grandparents, in a wide range of family law matters, including:
- Parenting, guardianship and custodial arrangements
- Child Support and Adult Child Maintenance
- Spousal Maintenance
- Intervention Orders
- Joinder of Third Parties
- Divorce
- Appeals.
For high-value family litigation and negotiation, call Carbone Lawyers today to arrange a confidential discussion.
FAQs on Family Law
What factors are considered in the division of assets during a property settlement?
The division of assets in Australia is governed by the Family Law Act 1975 and does not prescribe a fixed formula, such as a 50/50 split. Instead, a fair distribution is determined based on factors such as:
- The financial and non-financial contributions made by each party during the relationship, such as income, property, homemaking, and caring for children.
- The length of the relationship and any significant contributions, like inheritances or gifts.
- The future needs of each party, including their age, health, income, and earning capacity.
- The impact of the relationship on each party’s financial situation and the need for financial support.
- The presence of any children and the arrangements for their care.
Our team can help you navigate these considerations and negotiate a fair settlement. For personalised advice, contact us today to discuss your situation.
Is it necessary to be divorced before finalising a property settlement?
No, you do not need to be divorced to finalise a property settlement. In fact, parties can negotiate and formalise a property settlement at any point after separation and before obtaining a divorce, which can be beneficial as it allows you to resolve financial matters without waiting for the divorce process to conclude.
However, once a divorce is granted, you generally have 12 months to settle property matters. We recommend contacting Carbone Lawyers for a consultation to understand your options and protect your financial interests.
Can de facto couples undergo the same property settlement process as married couples?
Yes, de facto couples in Australia have the same rights as married couples when it comes to property settlements under the Family Law Act provided the application is made within two years of the relationship ending. The process for de facto couples is similar to that for married couples, though additional information may be required to define the relationship as de facto, such as its length, ownership of the property in question and financial involvement, the presence and care of children, etc. Therefore, we recommend reaching out to the team at Carbone Lawyers as soon as possible for the best chance of a fair settlement.
What should I do if my former partner refuses to negotiate a property settlement?
If you’re separated but are having difficulty in reaching an agreement, or are concerned about your partner refusing to negotiate after your separation, the team at Carbone Lawyers may be able to help. High-value family litigation and negotiation can add complexities to what’s already an emotionally taxing time, our experts can assist in the mediation process and if necessary aid in legal proceedings to help you achieve a satisfactory financial settlement.
