It is important to obtain legal advice regarding your rights and entitlements in a property settlement, to enable you to make informed decisions about your financial future.

We can provide you with clear advice regarding the division of assets, liabilities and superannuation entitlements. This is regardless of whether the assets and liabilities are held in your sole name, in your former partner’s sole name, in the name of an entity such as a company or trust, or in joint names.

You should consider obtaining legal advice regarding the process for dividing your assets, liabilities and superannuation entitlements, and what your rights are, at the following times:

  • If you are considering separating from your partner;
  • If your partner says they want a “trial separation” or you are concerned that your partner may want to separate; or
  • Immediately following separation.

People often think that dividing assets, liabilities and superannuation entitlements is a simple and straightforward process. One of the common misconceptions is that assets, liabilities and superannuation entitlements are automatically divided equally.

There are many factors the Court must consider when determining a just and equitable division of assets, liabilities and superannuation entitlements. Please refer to our article How does the Court Determine it is Fair to Make a Property Settlement? for further information.

Regardless of how simple or complex your financial circumstances are, we can assist you to achieve an equitable and cost-effective outcome.

We also assist in circumstances where you and your former partner have reached a mutual agreement about the division of your assets, liabilities and superannuation entitlements, to ensure that your agreement is legally binding without any future recourse, and without the need to go to Court.

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