Has your relationship broken down? Are you in need of assistance with a property settlement?
Here at Hunter Legal, we can guide you through the process of entering into a Binding Financial Agreement or application for Consent Orders to legally divide the assets and liabilities of your relationship and subsequently enact the terms of such Agreement or Orders.
Concentrating just on the Binding Financial Agreement; the benefits of this type of arrangement include the avoidance of courtrooms, the legal division of assets, the provision of stamp duty exemptions and future enforcement of terms, providing the correct procedures were followed at the time of entry into the agreement by the parties and their representatives. Such procedures involve:
- The agreement being in writing and signed by both parties;
- Independent legal advice was received as to the advantages and disadvantages of the agreement;
- Full financial disclosure was presented by both parties; and
- Often the inclusion of a separation declaration.
Commonly, once the Agreement has been entered into, a transfer of the matrimonial property and the terms surrounding such transfer, as contained in the Agreement, must then be completed. Hunter Legal & Conveyancing can implement and effect such property transfers by ensuring:
- The time limits within the Agreement are obeyed;
- Any stamp duty exemption is received; and or
- Any payment to or payout from the other party to the Agreement is obtained.
In utilising these services offered at Hunter Legal you have the advantage of one firm having carriage of the entire transaction for you; from the initial breakdown of your relationship until the final split of assets is achieved. Even following this we offer an estate planning service that allows you to revise or create a Will, Power of Attorney, and Enduring Guardian to facilitate your new life circumstances.