The process of settling a property when separating

We meet lots of couples who are going through a separation or divorce and this can be a difficult time for all parties.  Prior to transferring ownership or selling a property that is in both parties names, it is a good idea to get legal advice. A family lawyer can assist you as they will provide independent advice that will protect your interests. Even when the separation is amicable, it is a good idea to get advice.

When you are transferring ownership and removing one party from the title of a property, as your settlement agent, we will need a court order that has been made by consent under the Family Law Act 1975. 

Prior to commencing any transfer of ownership, all of the parties involved need to have come to a clear understanding of the division to take place. It is important that all parties both know and understand this prior to any transfer of ownership taking place. Further, the parties need to agree to this before you start any transfer of ownership. This will ensure that the transfer happens smoothly and without any delays.

With this in mind, it is prudent to have a financial agreement that clearly sets out all of the financial transactions that will occur when a couple is separating. Again, a family lawyer is best placed to assist you with the preparation of one of these documents.

As your settlement agent, we can assist you with the transfer of ownership on your property. Part of our role is to act as your liaison and we can act on your behalf to minimise the contact you need to have with your partner. We will act in your best interest and be available for any guidance or advice related to the settlement or transfer of ownership process.