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Family law is an increasingly complex area requiring knowledge, experience and a practical approach. At Connolly Suthers, our Family Law team is committed to providing clear, personalised advice tailored to your unique financial, emotional and legal circumstances.
Below are some of the most common questions we receive about property settlements following a separation.
When can I apply for a property settlement?
If you are married, you do not have to be divorced before negotiating or finalising a property settlement. A property settlement can generally be reached at any time after separation.
However, once your divorce becomes final, you generally have 12 months to commence court proceedings or seek Consent Orders if an agreement has not been finalised.
For de facto couples, the general time limit is two years from the date of separation to commence an application.
Should I see a lawyer even if we already have an agreement?
Yes. Even if you and your former partner have reached an agreement, it is still important to obtain legal advice.
A lawyer can help ensure the agreement properly reflects your intentions and can assist in formalising it so that it is legally binding, enforceable and provides certainty moving forward.
Will my superannuation be included in a property settlement?
In many cases, yes. Superannuation is generally considered "property" for the purposes of a property settlement.
However, how it is treated will depend on your individual circumstances and the overall division of assets.
Need advice?
Every family law matter is different. Obtaining legal advice early can help you understand your options and ensure your rights are protected.
If you would like to discuss your circumstances with one of our experienced Family Lawyers, contact the Connolly Suthers Ayr office on (07) 4790 4790, email law@connollysuthers.com.au, or visit www.connollysuthers.com.au.
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