Property Disputes

Resolving property disputes by not interrupting your life.

Property Dispute Lawyers Melbourne

When a couple splits up as either a married couple or a de facto couple, there is a legal process available to them which involve the division of the assets of the relationship. A property settlement refers to the process where the couple either through the process of consent or by court order settles that each will take away particular values of the assets of the relationship.
Although the law much prefers the process of consent, if this is not possible then a court order will be made and it is considered contempt of court to ignore a court order. This can result in a hefty fine or even imprisonment if it is serious, so as a last resort, the court process is a binding and final element in the system of family law in Australia.
Also, couples can form what is called a binding financial agreement if they can come an agreement about the division of the property and as long as they both get independent financial advice saying that they have understood the implications of the document that they are signing and their full legal effect and that these things have been explained to them by a lawyer, a binding financial agreement can come into force under the terms of the Family Law Act 1975 (Cth). This is the major form of a property settlement in Australia.
Costs are in accordance with the basic family law scale as recommended by the Law Institute. However costs can be negotiated depending on circumstances.

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Words From Our Clients

Jan Johnston

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I found that Mirabellas was extremely knowledgeable in family law issue. John in particular was very fair and supportive during a difficult period. John provides a tailored service.
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Donna Byron

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Very professional and personalized service. Great communication, always kept me advised on what was happening and nothing was too hard for them to make it as easy as possible for me.
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Mathew Zammitt

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I went to Mirabellas in a desperate state after having not seen my daughter for 2 months. The court battle with my ex wife went for a total of 19 months and through the whole process Mirabellas
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