FAQ

1. How long does a property settlement take?
The duration of a property settlement can vary depending on the complexity of the assets involved and whether both parties can reach an agreement. Simple cases may be resolved within a few months, while more complex matters, particularly those involving significant assets or business interests, may take longer. At Allison Rowe Family Lawyers, we strive to handle your property settlement as efficiently as possible, keeping you informed throughout the process.

2. What factors are considered in property settlements?
Several factors are taken into account during a property settlement, including the length of the relationship, the financial and non-financial contributions made by each party, whether there are children involved, and the future needs of both parties. The court will consider assets such as real estate, superannuation, businesses, and investments, as well as liabilities like mortgages and loans. Our team ensures that every relevant factor is thoroughly assessed to achieve a fair and equitable outcome. Whether you are dealing with a divorce property settlement or a defacto property settlement, our firm is equipped to guide you through the process.

3. Do I need to go to court for a property settlement?
Not necessarily. Many property settlements are resolved through negotiation or mediation without the need for court intervention. However, if an agreement cannot be reached, you may need to apply to the court for financial settlement orders. Our firm is experienced in both negotiation and litigation, and we will guide you through the process that best suits your situation.

4. What is the difference between a divorce property settlement and a de facto property settlement?
While the principles governing both types of property settlements are similar, there are some differences in legal requirements. In a divorce property settlement, the process typically begins after the dissolution of a marriage. In a defacto property settlement, you must prove that you were in a genuine domestic relationship, unless this is agreed. The time limits for applying for property settlements also differ between the two. Our team is well-versed in the nuances of both types and will ensure your rights are protected.

5. Can superannuation be split in a property settlement?
Yes, superannuation can be split during a property settlement. This allows one party’s super fund to transfer a portion of their superannuation to the other party’s super fund, ensuring a fair distribution of retirement savings. The specifics of superannuation splitting can be complex, but our team is here to guide you through the process and ensure that your superannuation interests are appropriately addressed during your family law property settlement.