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At Rose Jensen Kent lawyers, we provide personal, tailored, objective advice on all aspects of family law.
Whether it is divorce or property settlement; we are experienced in all areas of family law and can advise on the following:
A divorce is the legal termination of marriage; it requires you to be separated for 12 months prior to applying to divorce.
We also provide family mediation to assist in resolving disputes relating to finances, property or child maintenance, and parenting plans when separating.
Couples going through divorce or separation will generally look to divide their assets. This includes property and Superannuation, which is treated like any other asset.
When looking at dividing assets the value of them and debts of each party is calculated. We will then look at who has contributed what to the relationship (financially and non-financially) and any factors, which will affect each individual in the future, are assessed, such as children and income, to ensure the final outcome is just and equitable for both parties.
A legally binding finalised agreement provides certainty, protects assets that are acquired post-separation, and finalises the separation.
Divorce and property settlement are two separate and different legal processes. A property settlement can be formalised without applying for a divorce.
A property settlement is the formal division of a property following a separation. These formal discussions can occur as soon as a couple separates, you don’t have to wait until the divorce is finalised.
If you do wait until you are divorced to divide property, then applications to the court for property orders must be made within 12 months of divorce date, otherwise, special permission will be required. If you are in a de facto or registered relationship, applications must be made within two years of the separation date.
If you’re in a de facto relationship, you still have rights when if you make the decision to separate. The Family Law Act does not discriminate between same-sex and opposite-sex couples; married or de facto. We’ll help navigate your separation as smoothly as possible, whatever your situation.
If both parties cannot agree on a family law issue; whether property settlement, or division of assets; court intervention may be required. If you are not able to come to an agreement then we can help with you navigate potentially complex court procedures and provide you with legal representation; all the way through from the application, to the hearing, consent order, and financial agreement.
We understand the sensitive nature of these matters and are dedicated to supporting our clients, relieving as much of the emotional stress as possible. We ensure that complicated areas of the law are explained to you in a way that you can understand, and work to keep you informed every step of the way.
Have a questions?
Call us now (07) 3894 8300
Drop us an email.
lukas.kent@rjkl.com.au