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Yes! We are an Australian law firm and must hold your money received in our trust account. Our firm’s roots go back more than 30 years in our local community.
Australian married or de facto couples can use the online property settlement service.
In practical terms, the main stages in undertaking a property settlement include:
For all the steps listed, you should allow 6 to 10 weeks to receive the final Court Order and then several weeks after for any required transfers.
If you have a general query about dividing your property, you can contact us by email at help@propertysettlementonline.com.au or telephone at
1300 531 137. There is no cost to make this enquiry.
The answer to this question is no. Our service includes negotiating the division of assets and determining whether the division of assets and liabilities between you is fair and reasonable. Once an agreement is reached, we then document your agreement in a binding form and arrange that the division of superannuation if needed. We can also organise the transfer of any real property if needed.
The answer is no. Property can be transferred after the Orders are made. In our experience, some separating couples have reached an agreement and already divided their remaining property prior to using our service to undertake a final step of splitting their superannuation. Whilst it is possible to divide superannuation prior to dividing the remaining assets, we do not recommend this approach as it may make it more challenging to reach a fair agreement on dividing your overall asset pool. Importantly, assets such as motor vehicles and real property, for example, the former marital home, can be transferred either as part of the Consent Orders or after the Orders are made. There may be some stamp duty benefits in doing so, which we can explain further.
We can undertake the superannuation division and arrange the transfer of other assets, such as motor vehicles or a home/unit.
No Court attendance is required by you. We will take care of that. Where parties reach an agreement to divide their property, including superannuation, the Court documents that we prepare are lodged by us with the Court and then processed “in-house” by the Court. The Orders are then returned to us for further processing, and we will contact you.
Your Online PropertySettlement will outline the costs you will incur at the beginning to be clear and transparent. All required services will be quoted upfront based on your needs.
In the event that an amicable settlement cannot be negotiated, we can undertake all work to effect a property settlement through a court application.
A mediation is a conference between parties conducted by an accredited mediator who is an impartial person specially qualified to assist you with resolving disputes or reaching an agreement regarding the division of property and assets. It is not the role of the mediator to take sides or measure fairness. They establish what is agreed upon and what remains in dispute. The mediator will look at options and offer to resolve any impasse or disputed items to help the parties find a way forward and reach an agreement that both parties can live with. The mediator will take a practical role in facilitating an agreed outcome without providing legal advice to either party. If an agreement is reached, they will usually document the basic terms of the agreement for both parties to review and sign. Once signed, they will return it to us for preparation of the final agreement and Court Orders to be lodged and sealed by the Court.
This is an important issue. From the making of the final divorce order you must within 12 months, have reached a property settlement agreement either informally or by filing of Consent Orders or alternatively, at least commenced an Application for property settlement with the Court. If you have not done any of these things then you need the leave (permission) of the Court to have a property settlement between you. This is not always granted. You should take formal advice from a legal provider in this regard if these circumstances apply to you.
The division of property, including superannuation, must occur within one year after your divorce has been completed. If you wish to divide property or superannuation more than one year after the divorce order is made, then both you and your spouse must ‘consent’ to this occurring. For the separation of a de facto couple, property division must usually be documented within two (2) years from separation. However, ‘consent’ by both parties can occur after two years of the date of separation, and our service may be used. In some circumstances, an application can be made with the permission of the Court for an extension. If your circumstances require timeframes outside of the above periods for the division of property or superannuation, then we recommend you contact us by email at help@propertysettlementonline.com.au with an outline of your situation, and we will contact you at no financial cost to discuss.
Our service assists in how property, including superannuation, is divided in the most common way superannuation is held, which is in an Accumulation Fund that is still growing. There are some Funds, including those where the funds are in the payment phase (i.e. being drawn down in retirement), where more specific advice applies. In this case, please contact us by email at help@propertysettlementonline.com.au to describe your query, and we will respond specifically.
Yes it does (unless a Joint Application). This can be done either by personally serving the Application on your spouse or alternatively your spouse may be prepared to sign an Acknowledgment of Service of the Application if it is sent to them by post or otherwise handed to them.
The answer is NO. This is because you are not able to swear an Affidavit of Service as you are a related party to the Application. In these circumstances you would be better having a further family member or third party hand or post the Application to your spouse if they are co-operative with the process to have the Acknowledgment of Service signed.
The simplest method to commence your application is to click on the Get Started or Start Your Application buttons on our Home Page. We will then be in touch with you within 2 business days of lodgement to organise an initial call with one of our solicitors.