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.