When a marriage ends, it can be a difficult and emotional time for all parties involved. One of the most pressing concerns during this time is the division of property and assets. In Australia, this process is known as property settlement. Many people wonder if they can apply for property settlement before being divorced. In this article, we’ll explore the answer to this question and provide you with some helpful information on property settlement in Australia.
Understanding Property Settlement
Property settlement is the legal process of dividing property and assets between parties in a marriage or de facto relationship when the relationship breaks down. The aim of property settlement is to achieve a fair and equitable division of assets between both parties. Property can include assets such as the family home, investments, vehicles, and personal belongings. Property settlement can be a complex process, and it is important to seek legal advice to ensure that your interests are protected.
Can You Apply for Property Settlement Before Being Divorced?
Yes, you can apply for property settlement before being divorced in Australia. In fact, it is recommended that you start the process as soon as possible after separation. There is no requirement for parties to be divorced before property settlement can be finalised. However, there is a time limit for making an application for property settlement. If you were in a de facto relationship, you have two years from the date of separation to make an application. If you were married, you have one year from the date of your divorce to make an application.
Why Start Property Settlement Before Divorce?
Starting the property settlement process before divorce has been finalised can have several advantages. Firstly, it allows parties to begin negotiating and reaching an agreement on property and assets earlier, which can help to reduce stress and uncertainty during the divorce process. It can also help to ensure that assets are not sold or disposed of before they can be divided. Finally, starting the process early can allow for a smoother and quicker divorce process, as property settlement has already been finalised.
Contact Appius Lawyers for Legal Advice – Perth Family Lawyers
If you are going through a separation or divorce and need assistance with property settlement, it is important to seek legal advice from a qualified and experienced lawyer. Appius Lawyers can provide you with proper legal advice and assistance throughout the property settlement process. We understand that this can be a difficult time, and we will work with you to achieve a fair and equitable division of assets. Contact us today to schedule a consultation.
In conclusion, property settlement can be a complex and emotional process, but it is important to start it as soon as possible after separation. You can apply for property settlement before being divorced in Australia, and starting the process early can have several advantages. If you need legal advice or assistance with property settlement, do not hesitate to contact Appius Lawyers. We are here to help.