Cavanagh Gillies Family Lawyers

Book a Complimentary Consultation with a Family Law Accredited Specialist

PROPERTY DIVISION

Who we help

We act for men and women who have separated from their married or de facto partners.  We also help third parties who have a financial interest in the assets of the separated couple, or are financially connected to the couple.  For example:

  • Parents who have loaned money to the couple;
  • Siblings of a separated spouse, who co-own assets with the spouse or couple;
  • New partners of a separated spouse who have acquired assets with the separated spouse;
  • Adult children of a separated couple who have a financial interest in the assets of the couple;
  • Directors of a company, in which a separated spouse has a financial interest or of which he or she is a co-director;
  • Trustees of trusts, in which a separated spouse has a financial interest, or of which he or she is a co-trustee;
  • Business partners of a separated spouse, where the ownership of the assets of the business are in question;
  • The estate of a separated spouse who has passed away after the commencement of court proceedings; and
  • Creditors of either or both separated spouses or a business, company or trust with which the couple is associated.

How we help

Where you and another party or other parties agree about the ownership, division and distribution of assets, liabilities and superannuation interests following the breakdown of a marriage or de facto relationship, we can:

  • Advise you of your entitlements to ensure the proposed property division is fair;
  • Advise you regarding the terms of a proposed property division agreement drafted by or on behalf of another party;
  • Negotiate on your behalf in relation to the wording of a proposed agreement;
  • Draft consent orders or a financial agreement (BFA) documenting the property division.

Where there is a dispute about the ownership, division and distribution of assets, liabilities and/or superannuation interests following the breakdown of a marriage or de facto relationship, we can:

  • Advise you about the law which applies to property division, how it relates to your case and your options for resolving the dispute out of court;
  • Advise you regarding the likely range of your property entitlements based on the facts of your case;
  • Provide you with advice to enable you to negotiate a property division with the other party or parties;
  • Negotiate with the other party or parties on your behalf and endeavour to reach agreement;
  • Provide you with advice and assist you to prepare for a mediation;
  • Represent you at mediation;
  • Provide you with advice and assist you to prepare for arbitration;
  • Represent you in arbitration;
  • Advise you in relation to making or responding to a court application, or joining in court proceedings between a separated couple;
  • Assist you to represent yourself in making or responding to a court application or participating in proceedings between a separated couple;
  • Act for you in making or responding to, or intervening in, a court application.

Our property division experience

We have experience with property division cases involving a wide variety of issues, such as:

Bankruptcy Binding financial agreements Damages payments
Death of a party Debt allocation Family companies
Family loans Family trusts Gifts from family
Hidden assets Inheritances Lengthy separations
Lottery wins Overseas assets Post-separation assets
Pre-relationship assets Self-managed super funds Setting aside settlements
Short relationships Superannuation pensions Third party claims
Unilateral use of joint assets Veterans’ pensions Wasting of assets

Property settlement information

Click on the links below to access our information about property matters.

Determining property entitlements
Financial disclosure
Financial agreements after separation
book a complimentary initial consultation with an Accredited Specialist

Cavanagh Gillies Family Lawyers

PROPERTY DIVISION

Who we help

We act for men and women who have separated from their married or de facto partners.  We also help third parties who have a financial interest in the assets of the separated couple, or are financially connected to the couple.  For example:

  • Parents who have loaned money to the couple;
  • Siblings of a separated spouse, who co-own assets with the spouse or couple;
  • New partners of a separated spouse who have acquired assets with the separated spouse;
  • Adult children of a separated couple who have a financial interest in the assets of the couple;
  • Directors of a company, in which a separated spouse has a financial interest or of which he or she is a co-director;
  • Trustees of trusts, in which a separated spouse has a financial interest, or of which he or she is a co-trustee;
  • Business partners of a separated spouse, where the ownership of the assets of the business are in question;
  • The estate of a separated spouse who has passed away after the commencement of court proceedings; and
  • Creditors of either or both separated spouses or a business, company or trust with which the couple is associated.

How we help

Where you and another party or other parties agree about the ownership, division and distribution of assets, liabilities and superannuation interests following the breakdown of a marriage or de facto relationship, we can:

  • Advise you of your entitlements to ensure the proposed property division is fair;
  • Advise you regarding the terms of a proposed property division agreement drafted by or on behalf of another party;
  • Negotiate on your behalf in relation to the wording of a proposed agreement;
  • Draft consent orders or a financial agreement (BFA) documenting the property division.

Where there is a dispute about the ownership, division and distribution of assets, liabilities and/or superannuation interests following the breakdown of a marriage or de facto relationship, we can:

  • Advise you about the law which applies to property division, how it relates to your case and your options for resolving the dispute out of court;
  • Advise you regarding the likely range of your property entitlements based on the facts of your case;
  • Provide you with advice to enable you to negotiate a property division with the other party or parties;
  • Negotiate with the other party or parties on your behalf and endeavour to reach agreement;
  • Provide you with advice and assist you to prepare for a mediation;
  • Represent you at mediation;
  • Provide you with advice and assist you to prepare for arbitration;
  • Represent you in arbitration;
  • Advise you in relation to making or responding to a court application, or joining in court proceedings between a separated couple;
  • Assist you to represent yourself in making or responding to a court application or participating in proceedings between a separated couple;
  • Act for you in making or responding to, or intervening in, a court application.

Our property division experience

We have experience with property division cases involving a wide variety of issues, such as:

  • Bankruptcy
  • Binding financial agreements
  • Damages payments
  • Death of a party
  • Debt allocation
  • Family companies
  • Family loans
  • Family trusts
  • Gifts from family
  • Hidden assets
  • Inheritances
  • Lengthy separations
  • Lottery wins
  • Overseas assets
  • Post-separation assets
  • Pre-relationship assets
  • Self-managed super funds
  • Setting aside settlements
  • Short relationships
  • Superannuation pensions
  • Third party claims
  • Unilateral use of joint assets
  • Veterans’ pensions
  • Wasting of assets

Property settlement information

Click on the links below to access our information about property matters.

Determining property entitlements
Financial agreements after separation
Financial disclosure
book a complimentary initial consultation with an Accredited Specialist