Family Law and Divorce. Central Queensland.
We will endeavor to help you to come to a fair and responsible property settlement that takes into account both the contributions made in the past and the needs of the future. It is always advisable that parties reach an agreement and obtain either consent orders or a financial agreement recording that agreement. If the parties cannot reach an agreement they may need to apply to the Family Law Courts for an order.
Whether you and your former spouse negotiate a settlement of your property affairs or the Court is required to decide for you, the same four step process is used to determine a just and equitable distribution of property and financial resources. The main consideration in property settlement matters is whether the division of property is "just and equitable." This means is the division "fair".
If negotiation fails, our family lawyers are experienced in acting in applications to the Family Court or Federal Circuit Court to ensure your rights are protected and Duffield Solicitors will pursue the appropriate resolution of financial matters with determination and skill.
What is property?
Many things are 'property' for the purposes of family law matters; including companies, superannuation and employment entitlements.
In determining whether a trust forms part of a matrimonial or de-facto property matter, the court will consider the following:
Who has control of the trust?
Who are the beneficiaries of the trust?
Can separating de facto parties apply?
Since 1 March 2009 the way property is divided between separating de-facto couples in Queensland has changed dramatically. In many cases people in de facto relationships will have the same rights as married couples when determining property settlement matters and the above process is also applicable to separating de facto couples.