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Family Law

Court Processes for Family Law Property Settlement Matters

While most family law property settlement matters resolve without the need for assistance from the Court other than to formalise the agreement reached, there are times when a Court Application is necessary because parties are unable to settle on property matters themselves. Such circumstances include but are not limited to where a party refuses to engage in negotiations, where urgent restraining Orders are needed and where there is a party living within a property who is not agreeing to the sale of that property.

When filing an Application for Property matters, the Applicant needs to file the following documents with the Court:

  1. Initiating Application
  2. Affidavit
  3. Financial Statement

The documents are prepared and filed online by your solicitor with the Court. Once the documents are filed, a Court date is allocated depending upon urgency.

The first Court appearance is called the first return date. This is usually where the Judge or Registrar will make directions about the next steps in your matter.

In property matters, there are many options for continued dispute resolution in Court such as Conciliation Conferences, Case Assessment Conferences and mediations. Our experienced Family Law solicitors will represent you in each of these processes. We will advise you each step of the way. We will simplify the proceedings and ensure that you always comply with the duty of full and frank financial disclosure.

Our team will advise you about the likely outcome in your matter if your matter were determined by the Court. Our lawyers are competent, ensuring they are well acquainted with the most recent Court updates, case law and legislation. We have experience representing separated parties to a marriage and de facto relationship. We are also experienced in representing other third parties to the proceedings. We will explain to you the matters that the Court considers when deciding a Family Law property settlement matter including contributions and future needs factors.

If you and the other party/ies reach an agreement along the way, you may not need to attend a Final Hearing. If you do not settle, your matter will proceed to a Final Hearing and a Judge will decide based on the evidence before the Court.

Contact our Family Law Team on 02 4220 7100 to arrange a free 30min consultation with one of our experienced Family Law solicitors.

Areas of expertise

  • Overview
  • Parenting
  • Family Law Property Settlements
  • Divorce
  • Formalising Family Law Settlements
  • Court Processes For Parenting Matters
  • Court Processes for Family Law Property Settlement Matters
  • Alternate Dispute Resolution in Family Law
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ALG, Trusted Lawyers and Solicitors

We problem solve and protect over 500 customers. Our clients come from all walks of life. They are business owners and operators, individuals, families and seniors. Having a multidisciplinary team means we’re a one-stop shop for all your legal needs. We’ve got more than 30 people working in our law firm, providing practical affordable legal services to customers in the Illawarra Shoalhaven and Greater Sydney.

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Need access to trusted Lawyers & Solicitors! Contact the Access Law Group team today, we can help.

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Access Law Group

Monday-Friday: 9am-5pm
Anytime to suit you

(02) 4220 7100
lawyers@alg.com.au

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WOLLONGONG:
Suite 1, Level 8, 200 Crown Street, Wollongong NSW 2500

CAMDEN:
Level 1, 76 John Street, Camden NSW 2570

SYDNEY:
Suite 450, Level 5, 311 Castlereagh Street, Sydney NSW 2000

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