What you get in a Family Law Divorce settlement will really depend on a number of factors. It is important that you seek advice from a lawyer who has the experience and a detailed working current knowledge of the Family Law Act, Family Court (Federal Circuit and Family Court), and Property settlements.
An experienced family lawyer with the benefit of experience will consider what a Judge will consider in determining what your range of outcomes are for your family law property distribution.
Explaining it here in simple terms is not advice but will provide you with an understanding of what process is undertaken by the Family Court in a property settlement or case.
The Court adopts a four (sometimes referred to as five) step process, as follows:
- Identify the assets of the relationship (marriage or de facto);
- Value the assets;
- Identify what contributions have been made by each party (both financial contributions and non-financial contributions such as homemaking, renovations, and care of an unwell party)
- Consider any future needs of the parties, such as future care of children or other dependents, medical conditions and the future income earning capacity of each party;
- Upon consideration of the evidence of all of the above factors, the Judge decides what is fair and equitable in the circumstances.
It is important to consult a lawyer who understands the law and the approach taken by the Judge in each of the above steps. Many strategic considerations can be important to ensure you achieve your very best outcome in your family law (divorce) property matter. For example, if you want to retain the matrimonial home or some particular asset of the relationship then a very careful case must be considered and prepared to ensure that you achieve that outcome.
We often encounter clients who come to us sadly when it’s too late. They have already committed a position in evidence prepared by a previous lawyer who may have had the best intentions but just did not present the evidence to achieve the best possible outcome. That can be as simple as missing key evidence in support of your case or advancing evidence clearly harmful to it. Additionally, on many occasions, the many rules of the Court are simply not followed and the evidence comes to us in a form that the Court won’t accept at a final hearing.
When considering the appropriate lawyer for your case, choose one that provides a no-cost initial conference. We provide those so you can determine whether we are the “right fit” for you. We aim to understand your case, understand what you are wanting to achieve, and add value from the start so that you don’t make mistakes and can run your best case from day one.
We have a dedicated team of Family Lawyers who conduct trials regularly.
