Law, Family Law
Divorce can be an emotional experience, with one of the most contentious issues usually surrounding ownership and partition of property being one of many contentious areas of contention. At Collier Family Lawyers Cairns we pride ourselves on helping guide clients through difficult decisions with clarity and equity in mind.
An Overview of Property Division
Australia's Family Law Act of 1975 governs property division during divorce proceedings. To ensure fair distribution, courts take several factors into consideration during property division: duration of marriage and contributions from each side (both financial and non-financial), in addition to future needs and needs arising as a result. It’s important to understand that “fair” does not always mean “equal.”
Assessing Ownership
Ownership of the family home can be straightforward if the property is solely in one party’s name. However, it becomes more complicated when both parties are listed on the title or if there are disputes about contributions. At Collier Family Lawyers Cairns, we help you gather and present evidence of ownership and contributions to ensure your interests are protected.
Negotiating an Out of Court Settlement
Opting for out-of-court negotiations can save time, money, and reduce emotional stress. At Collier Family Lawyers Cairns, our experienced family lawyers in Cairns are skilled negotiators, focused on achieving amicable agreements that serve the best interests of both parties. We offer clear and concise advice, empowering our clients to understand all available options and make informed decisions about the next steps.
Court Intervention
When an agreement cannot be reached, disputes often need to be decided through litigation. Our staff stands ready to represent your interests before the judge and present a compelling argument on behalf of both sides for an equitable resolution of this matter. We will walk you through the legal procedure, from filing the necessary documents to advocating on your behalf at hearings.
Frequently Asked Questions (FAQs)
The split of the family home is determined by a variety of variables, including the length of the marriage, each party's contributions, and future requirements. The idea is to establish a fair distribution, albeit not necessarily equal.
If the family home is jointly owned, both parties have a claim to it. The court will consider each party’s contributions and future needs to determine a fair division.
Yes, many couples settle through negotiation or mediation. This strategy can save time and money while also reducing emotional stress. Our lawyers can assist with these discussions.
If an agreement cannot be reached, the matter may need to be resolved in court. Our team at Collier Family Lawyers Cairns is prepared to represent you and advocate for a fair outcome.
Conclusion
Determining ownership and partition of the family home in a divorce can be a difficult and stressful procedure. At Collier Family Lawyers Cairns, we are dedicated to delivering compassionate and skilled legal assistance to help you reach a fair conclusion. Contact us today for a free consultation, and let us help you navigate this difficult time.