Financial Matters

The Legal Drafter can assist you with your financial matter and property settlement by drafting the correct financial documents to divide your assets, liabilities and superannuation, whether or not you and your former spouse have reached an agreement.

If you have reached an agreement, you will need to file Consent Orders with the Federal Circuit Court and Family Court of Australia/Family Court of Western Australia to finalise your agreement to make it legally binding on both parties.

If you can’t reach an agreement, and have genuinely attempted mediation through Dispute Resolution, you can file a Family Law application in the Federal Circuit and Family Court of Australia or Family Court of Western Australia.

Time limits – marriage, an application for a financial/property settlement must be made within 12 months of your divorce becoming final.

Time limits – de facto relationship, an application for a financial/property settlement must be made within 2 years of the breakdown of your de facto relationship.

If you have reached an agreement, you can make an application to the Federal Circuit and Family Court of Australia/Family Court of Western Australia to formalise your agreement by applying for Consent Orders.  Or alternatively, you can enter into a Binding Financial Agreement.

If you can’t reach an agreement, you can file a Family Law application for financial/property orders in the Federal Circuit and Family Court of Australia/Family Court of Western Australia, including orders relating to the division of property and payment of spousal or de facto partner maintenance.