Why should I seek legal advice for my property settlement?

An agreement drawn up between you and your partner, even if witnessed by a Justice of the Peace or put in the form of a document such as a statutory declaration, is not a binding or final property settlement.

Seeking to rely on a “home-made” agreement is extremely risky. The risk is that one or both parties will later decide to go back on the agreement and seek more of the assets than the other party expected to be able to keep. As a “home made” agreement is not binding or final, a court does not have to enforce it.

However, if you and your ex-partner/spouse have reached an agreement for your property settlement, our family lawyers can assist you to get a consent court order from the Family Court of Australia with minimal fuss and without you even needing to attend court.

This will give you the peace of mind when approaching your final property settlement.

It is also vital to understand that your capacity to seek a property settlement is subject to a time limit.

Once the time limit expires, the court does not have to hear any application unless they choose to grant an extension.

If you are involved in a matter that you believe may be “out of time”, we strongly encourage you to seek urgent legal advice from us about your position.