Doruk Law Firm

Property Disputes

When a marriage or de facto relationship ends the issues left to be resolved can often be complex. It is an emotional and often confusing time and it may not be easy to see how those issues should be dealt with.

There are many misconceptions regarding property distribution including:

  • You don't need a property settlement unless you own a house.
  • I owned it before I got married /entered the relationship therefore it's mine.
  • I worked hard in this business and it's mine.
  • I'll lose my rights if I leave.
  • I get to keep my inheritances and individual gifts.
  • Being a mum at home isn't a real job.

Any agreement reached in respect of property should be formalised by way of Consent Order through the Court or Binding Financial Agreement (for Domestic Partners separated before 1 July 2016 a Certified Domestic Partnership Agreement). We can advise you on the differences between them and help you obtain what is right for you.

Binding Financial Agreements

We can assist you by preparing a Binding Financial Agreement to protect your property. There are three types of Binding Financial Agreement:

  1. One before you enter into a marriage (commonly referred to as a 'pre-nuptial agreement') or de facto relationship,;
  2. One prepared during the marriage or de facto relationship; and
  3. One prepared after divorce or the breakdown of the de facto relationship.

Consent Orders

A Consent Order can be obtained through the Court to formalise your agreement regarding property after separation (including de facto) or divorce. You do not need to appear in Court to obtain a Consent Order. All that is required is for the relevant documents to be properly prepared, executed by the parties and filed in Court together with a filing fee.

At Doruk Law Firm we can assist by preparing all the required documents on your behalf.

For Domestic Partners separated prior to 1 July 2016 your agreement can be formalised by entering into a Certified Domestic Partnership Agreement which must be certified by a solicitor for each party.

Your first step to security is to call one of our experienced Family Solicitors.