During a relationship, it is common that parties have accumulated assets and liabilities together which need to be severed following the breakdown of their relationship.

If the parties were married, they have twelve (12) months from the date of divorce to finalise all property/financial matters.

If the parties were in a defacto relationship, then the parties have two (2) years from the date of separation to finalise their property/financial matters.

There are exceptions to the time for a property settlement and our lawyers at Maude Family Lawyers can provide advice as to whether you are able to make an out of time settlement.

Property and financial orders fairly divide your property, based on the contributions you and your partner made to the relationship. 

Figuring out what property and financial assets and debts are relevant to your situation can be difficult, and you should seek legal advice before you start the pre-action procedures or make an application.

The aim of the pre-action procedures is to explore possibilities for resolution and, where a dispute cannot be resolved, to narrow the issues that require a court decision.

This should control costs and if possible, resolve disputes quickly, ideally without the need to apply to a court.

The pre-action procedure applies to:

• anyone considering starting a case
• anyone named as a respondent if a case is started, and
• their lawyers (if any).

The Family Law Rules requires prospective parties to genuinely try to resolve their dispute before starting a proceeding in the Court. This is called taking ‘genuine steps’ to resolve the issues in dispute.

Here at Maude Family Lawyers, we can provide with sensible advice as to what a just and equitable settlement would be in your particular situation, pre-action procedures and we strive to settle matters without resorting to filing an application in the Family Court, however if the situation arises, we will vigorously advocate for you matter in court to seek a suitable outcome.