Couples that decide to separate should also deal with property issues. It is necessary to obtain legal counsel regardless of any agreement with your former spouse. Family Law provisions are quite complicated so a qualified lawyer should guide you regarding claims. Australia’s Family Law Act of 1975 specifies that spouses have 12 months after divorce to apply for property settlement. There is a faster way to deal with this. It is through compromise between the spouses with the help of Agents for property transfers.
Mandurah Settlement Agents Handle Property Resolution
Meanwhile, couples can seek professional assistance from Mandurah Settlement Agents for settlement concerns. Settlement firms can assign agents who will serve as arbitrators. This way you need not go through expensive and time-consuming litigation.
Mandurah Settlement Agents can look for and prepare title deeds and supporting papers; they work on the official transfer of title; they coordinate with all concerned parties to make sure Offer and Acceptance clauses are complied with; they facilitate payments; and, they amend settlements if necessary. The Department of Commerce cautions against ordinary individuals who try to settle properties being disputed.
Only attorneys who practice property law and Agents for property transfers must perform these tasks. Otherwise, you may be overwhelmed with the rules and laws involved in such settlements. Be sure to find experienced and authorized agents who can assist you every step of the way. Remember that negotiations will not be easy. Court proceedings will be your only alternative if Mandurah Settlement Agents fail to resolve this issue.
Court As Your Last Resort
The court is the last resort. It has the discretion to issue orders and modify interests of both parties provided these orders are fair to all. There is a lengthy process before the court can exercise this judgment. Said procedure is arduous so mediation through agents for property transfers seems to be a more sensible move.
In any case, the court evaluates contributions made by each party to the purchase, preservation and improvement of the property. These can be direct or indirect and monetary or non-monetary contributions to the family. The court also reviews the factors mentioned in the Family Act’s Section 75 (2) which are related to financial conditions of each party in the future. Finally, the court must consider whether the results of this application are fair to the spouses and their dependents. A pre-settlement with the help agents for property transfers would have been a better choice because of the complication of the court process.
The last concern is possible claims for spousal maintenance. The court will determine if spousal maintenance is proper or can be dispensed with. The first thing to consider is whether the defendant has the capacity to pay the claimant. The second is if the spouse is capable of self-support or not. The decision of the court will depend on these circumstances. Most lawyers will still recommend out of court arbitration through agents for property transfers.