Divorce property settlement without going to Court


When people separate, there are a range of different experiences that they can have. Not all separations have to be the long drawn out court battles that last for years and cost hundreds of thousands of dollars in legal fees.

“There are options that can help you to avoid going to Court.” – Claire Naidu

As you can anticipate, going to Court will likely lead to drawn out resolution and expensive legal costs.

Resolving your matters outside of Court can lead to quicker resolution.

There are a range of out-of-court property settlement options including post-nuptial agreements or binding financial agreements, there are also terms of settlement that may be made into consent orders. Consent Orders are the subject of another article. Click here if you are interested in reading more about consent orders.

If you are seeking a more smooth property settlement and would like to minimise the prospects of the matter being litigated in court, you could consider a range of different out-of-court property settlement options.

There are separations which have property settlements that can be relatively smooth in comparison to those litigated for years in court.

If you are wanting to sort out property settlement, and you and your ex-partner have agreement on how to you want to divide the assets and superannuation, you should consider formalising that agreement and you should research and seek guidance on which agreements(s) would be best for your situation.

Other options including those listed above (post-nuptial agreements or binding financial agreements, there are also terms of settlement that may be made into consent orders), there are also other documents that may be of assistance to you if your matter also includes parenting matters, for example, binding child support agreements, and parenting plans.

Divorce property settlements outside of court are possible. Not all separating and divorcing couples have to go to court. Consider what options are best for you and achieving the best outcome for you

Advice for your particular circumstances

Note: This article does not constitute legal advice and Claire Naidu & Co is not responsible for any reliance upon its contents.  If you would like specialist assistance and would like to know what options might be best for your situation, contact Claire Naidu & Co. 

Click here for Claire Naidu & Co contact details if you would like to discuss how to obtain an out of court divorce/separation and property settlement. 

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