Property settlement and asset division

Property settlement and asset division are required for couples to end their financial relationship. Without doing so, your former spouse still has a degree of control over you. At Waters Lawyers, we are fearless in preserving your financial wellbeing as you move forward with the next stage of your life.

Person signing property settlement documents

The law seeks to ensure any financial settlement between the parties is fair, and no two cases are the same. Each party’s contributions and needs are considered, regardless of whose name the assets and liabilities are under. In most cases, the parties must first attempt to reach an agreement before proceeding to Court. By engaging Waters Lawyers to assist with this, we are able to advocate on your behalf and predict what a Court is likely to consider fair based on our vast experience.

Once the application is filed, anyone other than you must personally hand the court documents to your spouse 28 days before the divorce hearing. If they refuse to accept the documentation, they can be placed on the ground in their presence. When the divorce application is approved, the Court will order the termination of your marriage to be effective after a further one month and one day.

Taking your dispute to Court means allowing the Judge to divide all of your respective assets, liabilities and financial resources in a fair way according to the law. The Court will insist you try mediation before a final hearing is held. For example, if there is a family home, it must be sold, or one party must buy the other out. We pride ourselves on providing honest and transparent advice as to which option is more viable for you

The costs of engaging a lawyer vary and at times may exceed the value of the assets in question, particularly if there is not a property involved. At Waters Lawyers, we pride ourselves on being transparent and open with our prices. Sometimes that means not taking on a matter as it wouldn’t be financially beneficial for you and against our morals to do so. We rarely advise to get involved in asset division where no property or large asset is involved.

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