Property Disputes & Settlements

Property settlements can be tricky to understand. Antwan Lawyers can assist you in understanding what your entitlements are and will ensure that your interests are protected at all times.

It is always the practice of Antwan Lawyers to try and negotiate a settlement with your partner in the hope of avoiding the expense of litigation.

However, at times, litigation cannot be avoided and in some circumstances, starting a case can assist achieving a settlement.

There are many factors that are taken into consideration by the courts when they are considering dividing your assets.

What the Law says

• financial contributions, such as property owned at the time of marriage, money contributed before or during the marriage, gifts and inheritances to one party, and efforts put into building up and running a business;

• non-financial contributions, such as work done on the property, and being the homemaker and parent; and

• future needs, which are determined by the age and health of the parties, their ability to support themselves, whether they are supporting other people (such as children or relatives), whether they are being supported themselves (such as a new partner or parents), and superannuation entitlements.

In many marriages the contributions of the homemaker are regarded as equal to the contributions of the income earner. This may not be the case where the marriage was short or the contributions of one party are large.

The following common misconceptions are not true:

• If I leave, I’ll lose my rights

• I owned it before marriage, so it’s mine!

• It is in my name, so it is mine!

• I can keep inheritances and gifts

• I worked hard for this business and it’s mine

• Women always get the best deal.

What you can do

Although you do not need a property order to divide your marital property but in many cases it is incredibly worthwhile to formalise your agreement and have it sealed by the relevant Court. In fact, it is the practice of Antwan Lawyers to ensure you get exactly what you deserve and you have the law on your side with all the official paperwork in place.

If you would like an agreement to be formalised, we can apply for consent orders in the Family Court, District Court or Local Court, whichever is applicable to your situation. We can also draft and finalise binding financial agreements. Parties should have had independent legal advice before entering into terms of settlement to ensure that they understand what they are agreeing to.

Who can help

Antwan Lawyers will always assist you in all aspects of your property settlement matters. Some of the assets that can be taken into consideration are:

• the matrimonial home;

• any investment properties;

• both superannuation assets of your partner and you;

• your life insurance policies;

• any motor vehicles, bikes, trucks, jet skis and boats;

• any shares owned by your partner and you;

• both incomes;

• any money held in banks; and

• any other property held by you and your partner.

If you think that you are unable to get what is yours because you cannot afford to pay a lawyer to fight for your rights, you can rest assure that Antwan Lawyers are the only lawyers who will not charge you any legal costs until your matter is finalized*. Click here to get further information.

Contact us today for a confidential appointment.

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