Settling Financial Disputes

Property settlements allow spouses or de facto partners to divide their assets and liabilities (including superannuation entitlements) after separation and to finally resolve their financial relationship. It is important that your property settlement is formally recorded in court orders or by creating a binding financial agreement to avoid future claims against your assets.

Spousal maintenance is financial support paid by one spouse (married or de facto) to the other following the breakdown of a relationship. If you have separated or are considering separating, we can advise if you have a right to spousal maintenance or an obligation to pay spousal maintenance to your former partner.

Family trusts and corporate entities are commonly used to protect assets and reduce tax. In a family law settlement, it may be necessary to determine whether a trust or corporate entity is an asset of the parties, and/or to value the parties’ interests in a company or trust. This includes valuing any businesses which are operated by companies or trusts.

Family law disputes can affect third parties such as directors and shareholders of companies, creditors of the parties, or family members who are owed money by or jointly own assets with one or both of the parties. Third parties often require their own legal representation to protect their interests and can be joined to legal proceedings.

In a separated family, parents have an obligation to provide financial support to assist with the cost of childrearing. The child support system is managed by Services Australia and can be complex and confusing. We help you to make child support arrangements, which can also form part of a financial settlement and be formalised in a binding child support agreement.

In Australia, de facto couples have largely the same rights and obligations as married couples. However, disputes can arise around whether parties were in a de facto relationship and/or the duration of the relationship. We can help you to formalise the financial aspects of a de facto relationship which has broken down to avoid future claims against your assets.

Once you reach agreement with your former partner about financial issues, it is important to record the agreement in a legally recognised way. This can include court orders, a binding financial agreement and/or a binding child support agreement. We can advise on the best way to formalise your agreement, which will depend on your specific circumstances.

Dispute resolution and mediation (including Family Dispute Resolution) offers an opportunity to reach agreement without resorting to the uncertainty, expense, and inconvenience of going to court. A mediator is jointly selected and appointed, and in their neutral role, they assist the parties to reach a mutually acceptable agreement. As your lawyer, we can assist the mediation process by ensuring that you understand your rights and obligations, providing you with support and a representative to negotiate on your behalf at mediation.

Sometimes, disputes cannot be resolved through negotiation or mediation and it is necessary to go to the Federal Circuit and Family Court of Australia. Having legal representation to assist you with preparing your court documents and appear on your behalf at any hearings is imperative if you want to achieve the best possible outcome.

Property settlements