What do I need to know?
Dividing property after separation? Splitting property after separation including a breakdown of a marriage can be stressful. But there are some things you should know that will make this difficult time just a little bit easier. As property law experts, we provide legal advice around this part of the law and help our customers answer any conveyancing questions around this topic like:
- How will my property be split after divorce?
- How long will the conveyancing process take?
- Who will get the house?
- What about splitting my super?
- What else do I need to know?
When a relationship ends, one of the first things people ask us about is the division of property after divorce or a separation. Regardless of whether the couple were married or not, the legal steps involved in the division of assets is generally the same. Everything from your home, finances, superannuation, cars and artwork are considered property or capital assets.
Property settlement after separation is not limited to property acquired during the relationship or marriage and may include property owned before the relationship. Regardless if liabilities or debts are held by one or both parties, they are also regarded as property and will form part of the property settlement agreement.
How long will property settlement take?
If you and your former partner agree about how your property will be divided (which can save you both a lot a time and money) this can happen via:
- An informal agreement
- A financial agreement
- A consent order approved by the court.
At Settle Easy, we are expert property lawyers and conveyancers, so we recommend you seek the independent advice of a family law expert to help you make these important decisions. Once you have a family court consent order or other agreement, our experienced property conveyancers can help you manage your property transfer efficiently and affordably.
We understand how consent orders apply to conveyancing because we have helped many customers with this in the past. You are not in this alone. And because we know that relationship breakdowns can be expensive and rarely stress free, we make conveyancing easy via our simple online conveyancing platform backed by our trusted conveyancing team of compassionate professionals.
We’ll answer all your conveyancing questions about how conveyancing fees are calculated and when you pay conveyancing fees, what the average settlement period is and how we make our conveyancing costs so affordable. But there are more complex questions we can answer too about whether you can buy property while separated, how property is split after separation, whether there are any stamp duty exemptions available for people who become divorced or separated.
Do I need a conveyancing lawyer to help decide who will get the house?
The family home is just one part of the story and who gets to keep this property will depend on what other assets you own and how these will be divided. We recommend you seek the professional advice of a family law expert from a reputable law firm to help you understand everything that should be taken into consideration with this asset such as:
- Who can continue to pay the home loan
- Whether one partner will buy out the other partner
- Which parent the children will live with for most of the time.
Sometimes your house will have to be sold so each partner gets their share of the property. Don’t worry, we will make everything easy and we can help you with your transferring ownership, a house settlement and the entire conveyancing settlement process. Our conveyancing service operates right across Victoria, Queensland and New South Wales.
Superannuation and divorce
Superannuation can be a significant asset in the property pool for separated Australian couples and there are laws that allow this asset to be divided when a relationship ends. While we know conveyancing inside and out at Settle Easy and can answer all your questions about property conveyancing, property law and your digital settlement, you might find this superannuation splitting frequently asked questions link useful.
There are many resources available to help you navigate this difficult time. And while Settle Easy can help you with the property settlement process in NSW, Victoria and Queensland, there are many other online services you might find helpful at this time.
Get in touch with our team today if you need support with your conveyancing during a separation.
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