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THE PROPERTY (RELATIONSHIPS) ACT 1976

Relationship property

Recently separated? Book your free consult now.

 
 

Expedited action: we draft your relationship property proceedings ready to check within 3 working days of receiving all your information

Fixed fees and INVOICING by the hour

If requested, we will do certain steps of a relationship property claim for a fixed fee:

  1. Draft and file proceedings for $3,500 - $7,000 plus GST including:

    1. Meeting with you.

    2. Drafting and filing:

      1. The Application/Response.

      2. Your Narrative Affidavit.

      3. Your Affidavit of Assets and Liabilities.

    3. You will need to pay the filing fee of $700.

  2. We can provide fixed fees for other steps involved in the process; or

  3. Other steps are at our hourly rates.

The steps in your relationship property proceedings

Here are the steps:

  1. Consult with a lawyer: Your first step is to consult with us and we will provide advice on the legal process, the likely outcome of the case, and any possible alternatives to court proceedings.

  2. File an application in court: If you have been unable to reach an agreement through negotiation, you may file an application in court seeking a resolution of the property dispute.

  3. Disclose assets and liabilities: You should disclose all of your assets and liabilities to the other party, including property, bank accounts, investments, and any debts. You may need to provide bank statements, investment statements, property documents, business records, retirement savings, details of any debts owed, and valuations of assets or businesses.

  4. Negotiate a settlement: After consulting with us, you may attempt to reach an agreement through negotiation. This may involve the exchange of offers and counter-offers.

  5. Interlocutory steps: you may apply to the court for interlocutory orders to resolve issues such as seeking missing documents. This may lead to a interlocutory hearing.

  6. Participate in judicial settlement conference: You may choose to participate in a judicial settlement conference, in which a judge or registrar acts as a mediator and assists you in trying to reach an agreement.

  7. Participate in mediation: You may choose to participate in mediation. This is a voluntary process in which a neutral third party, the mediator, assists you in reaching an agreement.

  8. Attend a court hearing: If you are unable to reach a settlement, the matter will proceed to a court hearing. At the hearing, both parties will present their case, including any evidence and arguments in support of their claim.

  9. Await the court decision: After hearing the evidence, the court will make a decision about how the property should be divided.

  10. Comply with orders: Once the court has made its decision, both parties must comply with the orders. If either party fails to comply, the other party may seek enforcement of the orders through the court.

    Overall, bringing a relationship property claim can be a complex process, and it is important to seek legal advice to help guide you through the process and achieve a outcome that suits you.