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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
As and from 1 March 2009 the division of property between de facto partners (and this includes same sex partners) is dealt with pursuant to the Family Law Act 1975 (Cth). Virtually the same principles apply as to married couples. Prior to that date property disputes between de facto partners and same sex partners were determined in the District Court or the Supreme Court of New South Wales.
If you and your de facto partner separate (including a same sex partner) you will need to consider how to divide property that you and your partner own together and separately and to protect property that may be in your sole name.
It is possible for you and your de facto partner to negotiate and reach an agreement and have the property/financial settlement documented by lawyers. The agreement reached must be properly documented so that it is binding and enforceable and prevents any claim being made in the future. We regularly assist parties to resolve the issues and come to an agreement. Coming to an agreement is likely to result in a better deal for each party as it will save significant legal and associated costs of an ongoing dispute resolved by a Court decision. We often advise one party of the appropriate recommended settlement and most often the matters are settled usually at an early stage. There are benefits (other than financial) that often result from a settlement in particular, at an early stage.
We recommend that when agreement is reached that the following documents be entered into to ensure a proper documentation of property/financial settlement:
In the event that you and your partner cannot reach an agreement then it may be necessary to make an application to the Family Court of Australia or the Federal Circuit Court of Australia. This process is commenced by one or other of you by way of the filing of an Initiating Application in Court. A Response is filed by the other party and the Court then determines the claim after all appropriate evidence is assembled and prepared in the appropriate form for presentation to the Court. The Court often applies the following four stage approach.
The main factors set out in section 90SF are:
At Watson & Watson our experienced Family Lawyers can represent you in this process to protect your interests. We understand that this can be a stressful process and we endeavour to reach an equitable and cost effective financial/property settlement for you. Please do not hesitate to contact Richard Watson Senior Family Law Solicitor or his Personal Assistant Shereen Da Gloria to discuss your concerns and seek the appropriate advice.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
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