How does a family matter lawyer help?

After a divorce or separation, property matters can be quite confusing and tiring if you don’t know the law, the required procedures, and your rights. Taking advice from family matter lawyers can help you go through this process smoothly and ensure you get the best possible outcome in your scenario.

When can a property claim be made?

Married couples and couples can make a property claim in a de facto relationship after the end of their relationship. The laws for both of these parties, whether same-sex or different sexes, are the same. For married couples, a claim must be made within twelve months of the divorce, and for de facto couples, the claim must be made within two years from the date of separation. Claims made after these time frames will only be accepted if there’s a good reason behind them. The court also requires both parties to formally end the relationship by binding financial agreements or consent orders before proceeding to financial property settlement. At least one of the following things must apply for the court to deal with a de facto relationship:

• Both parties must have lived together for at least two years
• There must be a child from the relationship
• One of the parties must have made a significant financial contribution to the assets of that relationship

A family matter lawyer can help you understand the process and assist you with all required documents.

What does the process consist of?

The court takes the first step when it assesses whether it should seek to alter the property interests of the parties in the case. The next step is identifying the property pool of both the parties joined together. The liabilities are subtracted from the assets, and the joint pool is determined. The valuations of all the assets are also obtained. This step works best if both parties cooperate and disclose all assets, saving time and money. The next step is to analyse the contribution of both the parties, financial or non-financial, to the assets. The contribution can be in any form, like inheritance, down payments, gifts received or paid out, etc. It is a very complex part of family law and is determined by several factors unique to each case. The next step involves assessing whether there should be any adjustments made for any party’s future needs. For example, if there is a child in the relationship, adjustments need to be made according to their needs or if there is any case of medical health of one party. The last step of the process is a just and equitable outcome, which is made concerning all the factors.

Although this process might seem very complex and stressful, a family law specialist is there to guide you through it. They are well experienced in family law and will ensure you know your rights and every part of the process and get the best possible outcome.