Generally speaking, most property settlement matters between spouses who are separating are relatively straight forward. Often the pool of assets involve a house, bank accounts, vehicles, furniture and superannuation, either owned jointly or by one or the other of them. These matters are generally easily dealt with between the two parties and their legal representatives.
Matters can become more complex however when the parties going through a separation also own assets with another couple or perhaps a family member. This frequently occurs with investment properties or businesses. This can cause some more significant issues in the way property settlement must occur, as Orders of a Court cannot bind third parties (whose rights are affected by the Orders) who were not heard by the Court or did not consent to Orders finalising proceedings. Often, a third party must be joined to proceedings before the Court, even though they are not a party to the relationship which has broken down. The rights and entitlements of the third party must be considered as part of the process.
If you own property with people who are in the process of separating, or you are separating from your spouse and you own assets with other persons, you should ensure your entitlements are protected. These matters generally call for specialised advice and so it is important you obtain advice early and from a lawyer who is experienced in Family Law.
If you need advice regarding any Family Law issue, contact us on 8523 8400 (Gawler) or 8211 6500 (Adelaide) to arrange an appointment for an initial no obligation consultation with one of our experienced Family Lawyers. Alternatively, send an email to firstname.lastname@example.org and we will contact you.