Financial / Property Settlements.
When a marriage or a de facto relationship breaks down, the division of assets and property (“Financial Settlements”) is a primary issue requiring resolution.
Financial Settlements are a core offering of Sayer Jones’ practice. Our lawyers have extensive experience in providing strategic and succinct advice on Financial Settlements and to ensure our clients’ financial positions are secured and protected. Our goal is to ensure these outcomes are achieved in a commercially sound, legally robust and final manner.
A Financial Settlement may involve the division of assets, liabilities and financial resources held in Australia or overseas, including:
Real estate portfolios and property development interests.
Shareholdings, managed funds, bonds, cryptocurrencies and other investments.
Business interests and corporate entities.
Trust structures.
Superannuation and pension entitlements.
Taxation liabilities, unpaid present entitlements and Division 7A loans.
Financial Settlements are finalised based on Family Law discretionary principles. They are not formulaic and do involve a basic, equal division of property. The process involves:
Deciding whether it is “just and equitable” to alter existing property interests held by either party in the favour of the other.
Identifying and valuing the property, assets and financial resources of each party to formulate a balance sheet on which the Financial Settlement will be based.
Analysing the contributions each party made to the marriage or de facto relationship, including financial, non- financial, homemaking and parenting contributions.
Assessing each party’s current and future circumstances, including income disparity, earning capacity, care of children, health and age. These are colloquially referred to as “future needs”.
Determining whether the proposed property division is “just and equitable” in all of the circumstances.
It is critical Financial Settlements are formalised properly to ensure legal enforceability and provide adequate protection against future claims. Financial Settlements can be resolved by way of Consent Orders, Financial Agreements or judicial determination following contested proceedings.
Whether your matter involves complex corporate and trust structures, international assets or a more modest asset pool, Sayer Jones works to secure an outcome that secures and protects your financial position following separation and provides you with certainty for the future. Our work involves:
Strategic and commercial advice tailored to your circumstances, including early risk assessment and forensic review of financial disclosure.
Coordination with accounting, taxation and other professional advisors where relevant.
Negotiations and structured financial settlement discussions with other solicitors.
Mediation and private dispute resolution pathways.
Drafting and finalising Consent Orders and Financial Agreements to formalise Financial Settlements by consent.
Contested litigation, including substantive Family Law property, enforcement, contravention and appeal proceedings.
If you are separating or contemplating separation, contact us for clear, pragmatic advice about your financial settlement options.