One important question to be determined by partners or spouses when they separate is:
“How do we separate our property?”
If you are looking for help on a property settlement in Camden, Campbelltown, or Picton then why not contact your local solicitors at Frontier Law Group on (02) 4655-3100.
It may be helpful for separated parties to attend counselling on their own or with their partner before contemplating a division of property. There are a number of services such as the Family Relationship Centres, Relationships Australia, and Community Justice Centres who provide family dispute resolution, mediation and counselling services for families.
It is important to bear in mind that where real property is involved, it is essential that the parties have Court Orders or a proper agreement in order to claim an exemption from stamp duty in the State of New South Wales.
In the case of de facto partners, if an agreement cannot be reached than they may have recourse to State Courts. Usually applications for property settlements are made to the District or Supreme Courts of New South Wales. If total property value is less than $40,000 or the parties agree that their matter should be heard in the Local Court of New South Wales.
In the case of married spouses, they should:
1. Endeavour to divide their property by agreement between themselves at first instance.
2. Engage a Solicitor to write to the other party first to participate in mediation/family dispute resolution.
3. Make an offer to settle the matter.
4. If all else fails – commence legal proceedings.
Of course the above recommended steps may be departed from in urgent situations.