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Yes! We are an Australian law firm and must hold your money received in our trust account. Our firm’s roots go back more than 30 years in our local community.
We will update you via email at every crucial step.
If you have a general query about dividing your property, you can contact us by email at help@propertysettlementonline.com.au or telephone at
1300 531 137. There is no cost to make this enquiry.
Where a property settlement is undertaken by the making of a Consent Oder filed with the Court, the Court will charge a processing fee to approve or “seal” the Orders prior to us enacting those Orders. The current fee is $200.00. The only other fee that may apply is an internal compulsory charge by a superannuation fund for reviewing any superannuation splitting Orders, if applicable, and then undertaking the actual division of superannuation between the parties. This cost is usually around $100.00, is generally deducted from the superannuation fund balance and is not directly payable by either party.
We will ask you to supply photographic evidence of your identity (which is required for Law Society legal purposes). We will also require documents regarding the assets and liabilities you hold.
The answer to this question is no. Our service includes negotiating the division of assets and determining whether the division of assets and liabilities between you is fair and reasonable. Once an agreement is reached, we then document your agreement in a binding form and arrange that the division of superannuation if needed. We can also organise the transfer of any real property if needed.
The answer is no. Property can be transferred after the Orders are made. In our experience, some separating couples have reached an agreement and already divided their remaining property prior to using our service to undertake a final step of splitting their superannuation. Whilst it is possible to divide superannuation prior to dividing the remaining assets, we do not recommend this approach as it may make it more challenging to reach a fair agreement on dividing your overall asset pool. Importantly, assets such as motor vehicles and real property, for example, the former marital home, can be transferred either as part of the Consent Orders or after the Orders are made. There may be some stamp duty benefits in doing so, which we can explain further.
We can undertake the superannuation division and arrange the transfer of other assets, such as motor vehicles or a home/unit.
No Court attendance is required by you. We will take care of that. Where parties reach an agreement to divide their property, including superannuation, the Court documents that we prepare are lodged by us with the Court and then processed “in-house” by the Court. The Orders are then returned to us for further processing, and we will contact you.
Your Online PropertySettlement will outline the costs you will incur at the beginning to be clear and transparent. All required services will be quoted upfront based on your needs.
In the event that an amicable settlement cannot be negotiated, we can undertake all work to effect a property settlement through a court application.
A mediation is a conference between parties conducted by an accredited mediator who is an impartial person specially qualified to assist you with resolving disputes or reaching an agreement regarding the division of property and assets. It is not the role of the mediator to take sides or measure fairness. They establish what is agreed upon and what remains in dispute. The mediator will look at options and offer to resolve any impasse or disputed items to help the parties find a way forward and reach an agreement that both parties can live with. The mediator will take a practical role in facilitating an agreed outcome without providing legal advice to either party. If an agreement is reached, they will usually document the basic terms of the agreement for both parties to review and sign. Once signed, they will return it to us for preparation of the final agreement and Court Orders to be lodged and sealed by the Court.
The division of property, including superannuation, must occur within one year after your divorce has been completed. If you wish to divide property or superannuation more than one year after the divorce order is made, then both you and your spouse must ‘consent’ to this occurring. For the separation of a de facto couple, property division must usually be documented within two (2) years from separation. However, ‘consent’ by both parties can occur after two years of the date of separation, and our service may be used. In some circumstances, an application can be made with the permission of the Court for an extension. If your circumstances require timeframes outside of the above periods for the division of property or superannuation, then we recommend you contact us by email at help@propertysettlementonline.com.au with an outline of your situation, and we will contact you at no financial cost to discuss.
Our service assists in how property, including superannuation, is divided in the most common way superannuation is held, which is in an Accumulation Fund that is still growing. There are some Funds, including those where the funds are in the payment phase (i.e. being drawn down in retirement), where more specific advice applies. In this case, please contact us by email at help@propertysettlementonline.com.au to describe your query, and we will respond specifically.
The simplest method to commence your application is to click on the Get Started or Start Your Application buttons on our Home Page. We will then be in touch with you within 2 business days of lodgement to organise an initial call with one of our solicitors.
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