Property Settlement Agreements 

FAMILY RELATIONSHIP LAWYERS IN BRISBANE

Family Lawyers & Mediation Services can help with financial agreements (property settlement agreements) made before, during and after marriage and dealing with financial property settlements following divorce through negotiation, mediation or litigation. 

IF MY PARTNER AND I HAVE ALREADY AGREED ON HOW TO DIVIDE OUR PROPERTY, WHAT SHOULD WE DO?

You should obtain advice and document your agreement to ensure that there are no claims by either of you in the future.  You will both want to have a guarantee that claims won't be made in the future, particular when your assets may have grown after separation.  If you are purchasing your partners share of real estate and obtaining a mortgage to do so your lender will want to sight an agreement.

If there are transfers of real property (house, land, commercial property etc) property documented agreements or court orders will provide stamp duty relief saving considerable amounts of money.

A single lawyer can't act for both of you (that would be unethical and involve a conflict of interest) and with financial agreements of any kind you need to both have an independent solicitor to give each you advice and to provide a signed statement of confirming the advice was given to both of you at the time (or before) of execution of the agreement.

WHAT TYPE OF DOCUMENTS CAN I USE?

You may enter into a financial agreement or file a consent order with the Family Court, either document will provide the certainty you both need.  Finananial agreements are private contracts which comply with the Family Law Act, whereas consent orders are issued by the court after filing an application for consent orders.

WHAT IF I AM AM ENTERING A RELATIONSHIP OR GETTING MARRIED AND I WANT TO PROTECT MY ASSETS OR MY PARTNER DOES?

Financial agreements are the answer.  Defacto partners, same sex couples, married couples or those entering into such arrangements may make a financial agreement.  The agreements are commonly referred to as prenuptial agreements (before a marriage) or co-habitiation agreements (made during a relationship or marriage).

By entering these agreements you can contract out of your rights and responsiblities under the Family Law Act and agree upon the basis of how you will treat your property during the relationship and at the end of the relationship.

Financial agreements (sometimes called Binding Financial Agreements) must comply with the provisions of the Family Law Act and require professional drafting and advice prior to drafting.

Call us to discuss your particular circumstances. For an initial consultation of $110 we can tell you how best to either document your separation or alternatively how best to protect your interests before and during a relationship or marriage.

PROPERTY SETTLEMENTS, PROPERTY TRANSFERS & PROPERTY AGREEMENTS
By BRISBANE FAMILY LAWYERS

Members of