(08) 6467 7179 office@rattigan.com.au

Property and Conveyancing Lawyers

property lawyers discussing contracts with clients

Comprehensive Legal Assistance for Family Law Property Matters 

At Rattigan & Associates, we specialise in providing comprehensive legal assistance for property law matters within the realm of family law. 

Whether you are going through a divorce or de-facto separation, our experienced property lawyers provide advice and assistance on a variety of property law matters, including but not limited to: 

  • Property settlement 
  • Conveyancing 
  • Loan guarantors 
  • Enduring power of attorney agreements 

We’re committed to offering beneficial, reliable and detailed advice that covers your legal entitlements and obligations throughout the entire process. 

Our team of property lawyers in Perth can act as a settlement agent if you are transferring or selling a residential property in Perth, Western Australia. We will endeavour to get you the best possible outcome and a fair property settlement. Our property settlement lawyers understand your needs and requirements, and work alongside you to provide achievable, holistic solutions. 

Property Settlement & Dispute Lawyers in Perth

We understand that navigating property settlements during a family law dispute can be complex and emotionally challenging. If you’re experiencing difficulties during your settlement process, we have a team of property dispute lawyers in Perth who will always put your needs first. Acting on behalf of our clients in the form of mediation, negotiation or litigation, we strive to create positive outcomes in every property settlement situation. 

In addition to this, our property lawyers can provide you with independent advice if you’re looking at borrowing funds as a director of your company, buying an investment property, or if you are providing security as a guarantor for a family member. 

Contact Our Property Lawyers Today

By specialising in an array of legal practices, our professional property lawyers are able to provide guidance and results no matter how complex your case may be. For further specific information about family law related settlements, property disputes, conveyancing, or bank guarantees, please contact our Perth office on (08) 6467 7179 for a free initial 10-minute consultation today. We also offer private consultations virtually or via telephone. 

Contact

Phone: (08) 6467 7179

Email: office@rattigan.com.au

Address: 
Suite 3W, Plaza 817 Beeliar Drive, Cockburn Central

PO Box 3819 SUCCESS WA 6964

Frequently Asked Questions

How is property divided in family law? 

In family law, the division of property during a separation or divorce in Western Australia is governed by the Family Law Act 1975 (Cth) for married couples and the Family Court Act 1997 (WA) for de facto relationships. The goal is to achieve a fair and equitable outcome for both parties involved. Several factors are considered in determining the division of property, including: 

  • Identification and valuation of assets and liabilities owned by the parties. 
  • Evaluation of the contributions made by each party, both financial and non-financial, during the relationship. 
  • Examination of the financial commitments and resources of each party. 
  • Assessment of whether the proposed property division orders are just and equitable. 

If the parties are unable to reach an agreement, the Family Court may intervene and make a decision on how the property should be divided. To find out more information about how property is divided in family law, visit the Family Court of Western Australia website or get in touch with us. 

Can you split assets without a lawyer?

In Western Australia, it is possible to split assets without engaging a lawyer or without needing to go to court. However, it is important to exercise caution and be aware of the potential risks involved. While there is no legal requirement to have a lawyer, seeking professional legal advice is highly recommended to ensure that your rights and interests are protected during the asset division process. A lawyer with expertise in family law can provide valuable guidance and help you understand your rights and entitlements under Western Australian legislation.  

What should you consider when splitting assets? 

If you are going through a separation or divorce and need assistance with property settlement, consider the following important factors when splitting assets: 

  • Financial contributions: Evaluate the money and assets each person brought to the relationship. 
  • Non-financial contributions: Consider the value of non-financial contributions like childcare or homemaking. 
  • Future needs: Think about each person’s financial situation and responsibilities after the split. 
  • Property valuation: Get accurate valuations for all assets to determine their worth. 
  • Superannuation: Assess superannuation interests and explore options for dividing them. 
  • Tax implications: Consider any potential tax consequences of dividing assets. 
  • Financial obligations: Address shared debts and ongoing financial commitments. 
  • Legal advice: Consult with a family lawyer to protect your rights and ensure compliance with the law. 

At Rattigan & Associates, we understand that every family law litigation situation is unique. Our experienced property dispute lawyers in Perth can offer sound legal advice tailored to your circumstances. Contact us today to discuss your case and work towards a fair and satisfactory outcome for your property settlement. 

How is property settlement calculated? 

A property settlement is the formal division of property following a couple’s separation. Property settlement in family law is calculated by considering various factors to achieve a fair and equitable outcome for both parties.  

These factors include the financial and non-financial contributions of each party during the relationship, future needs, care of children (if applicable), and any other relevant circumstances. The process involves assessing the value of all assets, including real estate, investments, superannuation, and personal belongings. 

Once the values are determined, negotiations take place to determine the proportion of asset division. The aim is to achieve a settlement that recognises each party’s contributions and provides for their ongoing financial needs. 

Is my ex-partner entitled to half my house? 

In divorce cases in Australia, the division of assets is not automatically a 50/50 split. The decision regarding asset division is based on various factors, and the Court carefully evaluates the evidence presented. Factors taken into consideration include the needs of both parties and the overall value of the asset pool. 

It is crucial to have a clear understanding of the value of your assets, such as cash, investments, cars, properties, and other financial resources, as well as your liabilities, income, and expenses. Failing to accurately assess and document these details can result in a potential loss of half or more of your assets. It is therefore important to ensure proper valuation and verification of all assets to protect your interests during the asset division process. Seeking legal advice can help you navigate this complex situation and safeguard your assets appropriately. 

Can your ex-partner delay property settlement? 

Yes, it is possible for your ex-partner to delay property settlement proceedings, which can prolong the resolution of your financial matters. Factors that may contribute to delays include: 

  • disputes over property valuations, 
  • disagreements regarding the division of assets, 
  • non-cooperation in providing necessary financial information,  
  • or the need for further negotiations.  

In such cases, it is advisable to seek legal advice promptly to understand your rights and options. At Rattigan & Associates, our skilled property lawyers can help navigate the complexities of the process, negotiate with your ex-partner, and if necessary, seek court intervention to expedite the settlement. Taking prompt action and seeking professional guidance can help minimise delays and ensure a timely resolution to your property settlement. 

Have questions? Get in touch with our team today!