Project Description

Property & Financial Settlements

Conveyancing & Property Law

When you get divorced or end a de facto relationship you’ll need to divide up the property and financial assets that you and your partner have. How property and financial settlements are dealt with is outlined in the Family Law Act.

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Fairfield’s only Family Law Accredited Specialist

As the only Accredited Specialist in Family Law in Fairfield, John has passed a series of detailed tests and assessments that confirm his knowledge of family law and how it applies in practice. Every year, he must also update his skills and knowledge in family law. He also has a Masters degree in Family Law. This means you can be assured that he is a capable and qualified divorce lawyer located in Western Sydney.

John and our local family lawyers can help you:

  • Identify what property and assets need to be included in your financial settlement.
  • Make sure that you disclose everything you need to the Court.

  • Understand what rights you have when it comes to protecting your property.

  • Make sure that the Court has considered all the factors that are relevant to your property settlement.
  • Negotiate a maintenance and financial settlement.

  • Represent you in a property and financial settlement dispute.

There are four stages in a property dispute

When the Court looks at a property dispute between two people who were married or partners, it follows four steps:

  1. Identify and value: The Court will first look at what property, debts or liabilities and financial resources each of you have at the time of your Court hearing. If you and your partner have already made some decisions about your property before the hearing the Court can also include this in its assessment. You will need to tell the Court about all of your property, assets, debts, liabilities and financial resources.
  2. Assess contributions: The Court will then look at what each of you have contributed both financially and in other forms towards the property. This will help them determine what percentage of the net value of the property you and your partner are entitled to. The Court may do this by looking at all of your property and assets together, or take each asset individually and assess it.
  3. Assess other factors: Other factors, like differences in your income and earning capacity and the time and cost spent looking after your children, are taken into account by the Court. Depending on these factors, the Court may adjust the percentage of the net value of the property that you or your partner are entitled to.
  4. Make an order: Once it has reviewed all of these factors, the Court will make an order that it believes is a just and equitable outcome for you and your partner. The Court has the power to make orders regardless of when or how property or assets were acquired or in whose name they are held.

If you were married, your property settlement can be finalised up to 12 months after your divorce is finalised. There are some situations where it can take longer than 12 months, like if there’s an application to set aside a property order or change a maintenance order.

If you were in a de facto relationship, you may apply for a property and maintenance order within two years of your relationship ending. The process is the same for de facto relationships as it is for married couples.

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John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“I would just like to thank you for your hard work and understanding during a very stressful time for myself.I cannot thank you enough for the work and advice you provided. My assault and stalking and intimidation charges were heard by the Magistrate at Liverpool Court yesterday, Tuesday 16th. I pleaded guilty to the assault with the stalking being dropped prior by way of representations made by you. The Magistrate seen through the bullshit supplied by the Police facts sheet and I am happy to say no conviction was recorded. He stated it was “a molehill turned into a mountain by police”. John I would just like to say your professionalism on both of my criminal and family law matters was outstanding. I would go so far as to say its the best service I have ever had. Keep up the good work!!!”
Josh P.

John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“I found John & Co lawyers to be there when I needed them. They were very quick to return my calls and emails which came about at random times. The team were very experienced and had high technical knowledge in family law that was required throughout the process. John will defend you and give you that encouragement to fight for your rights when you have lost all will power to defend yourself. John was very tough to stand up to the other side whilst achieving great results for my daughter and I. I highly recommend their services.”
Nikky R.

John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“Highly recommend this law firm to anyone injured! John is the best personal injury lawyer. He is exceptionally knowledgeable in the law. He always kept me well informed and was readily available to answer all of my questions. John represented me for my workplace injury. From the very beginning I felt his genuine concern for my wellbeing and it showed throughout the case as he always returned my calls and explained the process step by step. My case settled in November 2018 for $690,000 clear in my hand. John & Co Lawyers gave me my life back, and for that I am forever grateful. John & his team are great lawyers, very professional and, made the process seamless for me.”
Nenad A.

John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“I was absolutely astounded by the service provided by John and co lawers.  John went above and beyond to extend additional help with my case. Johns experience is second to none, His professionalism and sound advice was just what was needed. I would highly recommend his services to anyone with pressing family law matters. His warm personality made me feel like part of the family, as I could easily dissus any finer details with my case and he would take into consideration. If I have any cases in future he will be my first choice. Thanks again John your service is Highly appreciated. God bless you. 5 stars.”
Shane T.