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What Steps Do You Need To Take If You Are Facing Property Disputes?

What Steps Do You Need To Take If You Are Facing Property Disputes?
What Steps Do You Need To Take If You Are Facing Property Disputes?

When you have potential properties in Australia, it is not uncommon for you to face some unprecedented property disputes. So, what you think is the best solution to resolve these unwanted property disputes? Yes, you have guessed it right, by reaching a uniform property settlement in assistance of a legal pro. The best property lawyer can provide you the choicest legal help in this matter. Depending on your potential assets and belongings, your lawyer will ensure the best property agreement for you.

Factors to consider related to the attainment of a property settlement in Perth

There are many aspects that your property settlement lawyer in Perth will consider pertaining to the settlement of your property. Say for instance, whether you possess the following types of properties or not.

  • Whether your assets and belongings are in the name of a Company

  • Whether your potential belongings and assets are in the name of a trust

  • Your lawyer will also consider the factor that whether or not your potential assets and belongings are in the name of your partner

  • In case the assets and belongings pertain to joint names, your property settlement lawyer will consider that factor as well.

The duration for property settlement after divorce for both married and de-facto couples is different. Say for instance, if you are a de-facto couple, then, you will get two years to wind up with the procedure of your property settlement after the completion of your divorce. Conversely, if you are a married couple, then, this particular duration will be one year post the completion of your divorce case.

Things you need to do before you apply to the Court of Australia

Before you apply to the Family Court of Australia, think for once. Can you resolve the issue through a mutual agreement? Yes, a family dispute resolution lawyer in Perth is there to provide you the best assistance in this matter. Besides, you can apply to the Family Court of Australia alternatively if you wish. In that case, you will have to apply for substantial financial orders by adhering to certain pre-action steps. As part of these procedures, you should try to the best of your ability to attain a dispute resolution with the other party.

A look at the different pre-action steps

As already said that there are certain pre-action steps that you must adhere to before you apply to the Family Court of Australia. The primary motive of these pre-action steps is to explore the various areas of a mutual resolution. Implementing these procedures is imperative if the dispute cannot be mitigated to appease the issues requiring a decision by the Family Court of Australia. These procedures become applicable under the following circumstances.

  • If a case has already commenced and any individual has been named as a respondent

  • The potential lawyers of these respondents and

  • Any person who is looking forward to commencing the case etc.

The legislation pertaining to these pre-action procedures is specified in Schedule 1 and Rule 1.05 comprising the Family Law Rules 2004. The Family Law Rules 2004 actually comprises an imperative part of the legal protocol of the Family Court of Australia.

Request for final orders at the Family Court of Australia

You can apply for certain final orders at the Family Court of Australia pertaining to the following:

  • Child support: Applicable under some specific circumstances relevant to certain sections of the Child Support Assessment Act. These include sections 129, 123, 116, or 96, etc.

  • Maintenance: In order to give financial support to an erstwhile wife or husband. Alternatively, it can also be the provision of financial assistance to an erstwhile de-facto partner.

  • Property: The final orders pertaining to Property can be made to specify a certain aspect of your property settlement. According to this aspect, it will be stated that how your potential debts, financial resources, income, or property will be allocated between you and your spouse and children.

The Federal Circuit Court conventionally deals with these kinds of applications. Before you submit any of these applications to the Federal Circuit Court of Australia, you should understand their legal nitty-gritty first. The top property lawyers in Perth can provide you the best legal assistance in this matter. Depending on your relevant circumstances, your lawyer will ascertain the most satisfying property settlement resolution for you in Perth, Australia.

A Property Settlement Agreement

Both the parties should try and resolve unprecedented property disputes outside the Court. So, drafting a substantial Property Settlement Agreement with the assistance of the top civil lawyer, Australia is imperative. While drafting the agreement, your lawyer will consider any of the following options including:

  • A binding financial agreement (BFA)

  • Consent Orders or

  • A combination of both these types of agreements

Considering any of these options is of paramount importance. Do you know why? This is because any of these options of a property settlement agreement will make the contract substantially binding in terms of being lawful.

How property settlement lawyers in Perth can help you?

As such, a top-notch property settlement lawyer in Perth adheres to an easy and simple legal procedure. You can contact any of these lawyers through feasible modes of contact. After you contact these lawyers, they will get into a session of discussion with you. This discussion will generally be related to the current status of your relationship with your partner. Subsequently, your lawyer might ask you some other relevant questions as well.

The subsequent procedure

Followed by an effective legal consultation, you can schedule an appointment with the top lawyer compatible to deal with your case. Subsequently, your lawyer will suggest to you the best legal pathway to resolve your case successfully. Property disputes and their resolution is not easy matter to deal with. An outcome should be achieved which is in the best interest of both parties.

Contact Property Lawyers Perth

So, to get the best solution to your property-related disputes contact a team of accomplished property lawyers in Perth today. Depending on the severity of your legal case, rest assured that your lawyer will ensure the best outcome for it.


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