Sydney Family Property Lawyers
Navigate your Family Law journey with confidence and secure your best future.
Make a Smart Start
After more than 20 years of working with people experiencing separation, we know how important it is to start the separation process in a strong, informed and clear-minded place – we call this making a Smart Start.
- 90-minute appointment with a Specialist Family Lawyer
- Comprehensive on-the-spot legal advice tailored to your circumstances
- Develop a plan to secure your best future
- $350 Fixed Fee (incl GST)
- Satisfaction Guarantee*
Our mission is to secure your best future.
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Carlin Brunner-Evans
5 Stars almost seem not enough!!
I have referred a couple friends to Delaney Roberts who were both disappointed and disenfranchised with their current representation. Clare McAteer handled their matters and the feedback I got from them was that Clare was nothing short of exceptional! She was attentive, professional as well as kind and empathetic in what was very emotional and difficult times for them.
Yuqing Lin
All issues are dealt with confidence and details are communicated promptly.
Professional service! Great thanks to Kylie and Linsey for all the help.
Johanna Lilford
Anna made me feel like I was in control.
Anna talked me through to procedures required, organized all the paperwork involved and made me feel like I was in control. She knew exactly what had to be done and kept in touch through the entire process. I found her to be very understanding and professional during this rather difficult time in my life.
Robyn Cameron
From the moment you step in the door, it’s like a warm hug. Everyone at Delaney Roberts makes you feel safe, at home and embraced. You feel completely supported, and you have hope.
Romy Johnstone
I highly recommend Delaney Roberts to everybody in need of a family law solicitor.
The whole team make you feel welcome, listened to and supported through the entire process and afterwards as well. Tim was excellent and I couldn’t speak more highly of him. Kylie was also great and very helpful. They go above and beyond for their clients and make a tough time in your life much easier to get through.
Specialist Family Lawyers Sydney - Family Law Property Settlement - Division of Assets after Divorce
Our Specialist Property Division Family Lawyers
We are specialist Property Division Lawyer in Sydney.
We regularly advise people who have separated, or are thinking of separation, with the following:
- Developing a strategy for Separation planning
- Safeguarding assets to prevent premature disposal
- Managing post-Separation expenses, including mortgage considerations
- Preventing significant acquisitions or sales of family assets by your former spouse
- Securing access to funds and financial resources after Separation
- Implementing measures to exclude your former spouse from residing in the home
- Addressing issues related to a Family Business during the separation process
- Pursuing the recovery of children in separation cases
- Navigating the relocation of children post-Separation
- Initiating an Application for Divorce when necessary
- Handling Property Division Applications in separation proceedings
- Establishing Parenting Arrangements that suit the family's needs
- Providing specialized assistance to military personnel dealing with unique challenges in separation
How will Property be Divided in our Family Law Matter?
Depending on the nature of your assets and liabilities, there are often many options available for how you achieve a division of property with your former partner.
Once you have received legal advice from a Specialist Family Lawyer about your likely range of entitlements, you should obtain advice from your Financial Planner and/or Mortgage Broker to see if your idea for the perfect settlement is realistic.
You should also be aware of any taxation issues which may flow from a proposed Division. See real outcomes of Family Law Property Division here.
Is a Property Division in Family Law Always Necessary?
A Property Division will almost always be necessary where property (e.g. the family home) is owned in the joint names of the parties.
It is always necessary to formalise a Property Division after separation (even where ownership of assets does not change) to avoid one party making a later claim even several years after separation.
Our Family Lawyers will advise you about which option is best for you and if you are happy to go ahead, draft a Binding Financial Agreement or Consent Orders, which are binding and enforceable.
Are Assets Always Split 50/50 in Family Law Property Division?
No, a divorce does not mean that assets are split 50-50, in fact often this is not the case.
The Family Law Act 1975 requires the parties take into account a variety of considerations. This means that you will often need the assistance of a skilled Family Lawyer to assess what you and your partner are entitled to.
How is the Business Valued in the Division of Assets After Divorce?
Because the family business forms a part of the property pool, it is important that you know its value.
Simple business structures such as those operating as a sole trader can be relatively simple to value, however as business structures increase in size and complexity the nature of the business valuation becomes more complex.
If you or your spouse intend to retain the family business, we will link you with expert business valuers who will conduct a formal valuation of the business.
What should I do if I’m concerned that my former partner might sell or transfer assets?
If you have any reason to fear that your ex-partner may remove matrimonial property from Australia, and/or sell, transfer or otherwise deal with matrimonial property, without your consent and before your Family Law matter has been resolved you should contact us immediately.
A Court Order (called an Injunction) should be sought on your behalf to prevent such dealings with the matrimonial property.
Fore more Frequently Asked Questions regarding the Division of Assets in a Family Law Matter click here.
FAQs: Smart Start Appointment
A Smart Start Appointment is:
- A one-on-one appointment with a Specialist Family Lawyer who is an expert in dealing with legal separation and has helped many people just like you,
- Where you will get on-the-spot specialist Family Law advice tailored to your circumstances,
- Completely confidential,
- 90-minute duration,
- Once-off Fixed Fee of $350, and
- No obligation.
Our Smart Start Appointment is a unique solution developed after more than a decade of helping people find clarity and direction in relation to the breakdown of an important relationship. We understand that this significant life transition, and its possible consequences, are stressful and the need to make important decisions during this time can be overwhelming.
Our Smart Start Appointment is your initial appointment. In most cases it is required so that we can better understand your situation and ensure we are matching you with the best Solicitor and or service that you need to achieve your desired outcome.
Our Client Services Officer will be able to confirm if a Smart Start Appointment is your first step with Delaney Roberts.
Our Smart Start Appointment is guaranteed to help you to reduce your stress, gain confidence and give you direction as it:
- Gives you access to a one-on-one confidential appointment with a Specialist Family Lawyer,
- Is an affordable and accessible solution offering great value at a reasonable fixed price,
- Gives you on-the-spot legal advice tailored to your situation,
- Allows you to address the issues that are concerning you right now,
- Brings to your attention other issues that you may not have thought about,
- Sets out a list of Next Steps for you to take so you leave the appointment with a plan,
- Informs you about how to proceed with our firm if you wish to, and
- Gives you an understanding of how we charge and the costs likely to arise for you.
You can arrange a Smart Start Appointment for yourself, or someone else, by:
- Calling our office on 1300 760 773,
- Making an online request for a Smart Start Appointment, or
- Emailing our office at [email protected].
Once you have contacted us, you will speak to our Client Services Officer who will talk to you about:
- Your current situation and how we can help,
- The Specialist Family Lawyers who are available to meet with you and who might best suit your case (unless you would like to request a specific Family Lawyer),
- The times and dates available for your Smart Start Appointment and what is suitable to you,
- Whether you would like to meet your Specialist Family Lawyer in person (in one of our office conference rooms) or via video or teleconference,
- The Smart Start Appointment fixed fee price,
- How to pay the Smart Start Appointment fee,
- Any concerns you may have about the Smart Start Appointment or about your circumstances generally,
- How to find our office and parking options (if you are attending your Smart Start Appointment in-office), and
- The name of your former partner, so that we can make sure that we have not acted for them in the past and to ensure we do not take their enquiry if they call us.
If you would like to proceed with making a Smart Start Appointment, our Client Services Officer will:
- Take pre-payment of the $350 Smart Start Appointment fee,
- Confirm the date, time and location of your Smart Start Appointment,
- Confirm the name of your Specialist Family Lawyer and some information about them, and
- Send you an email to confirm the details for your Smart Start Appointment, including details about the location of our office and nearby parking.
Our Lawyers are experts in asking the right questions to get the information they need to properly advise you. All your Specialist Family Lawyer will really need is to hear you tell your story.
However, bringing some additional paperwork can be helpful and can assist to prompt your memory. If you have time to gather some papers, the documents that will most help your Specialist Family Lawyer are:
- Any paperwork you have received from your ex or their Lawyer,
- Any legal paperwork about your relationship such as a pre-nuptial agreement or Court Orders,
- Details of the assets, debts and superannuation you and your ex had when you started your relationship,
- Details of the assets, debts and superannuation you and your ex have now,
- Details of any lump sum amounts received by you or your ex during the relationship and/or since separation such as gifts or financial assistance from parents, inheritances, redundancies, workers’ compensation payments, lottery winnings or similar, and
- Details of current income for you and your ex.
Before your appointment, our staff will ask you to complete our Client Intake Form with the essential information that your Specialist Family Lawyer needs before starting your Smart Start Appointment.
Yes! We offer many Fixed Fee services please click here for more information.
All communication with our lawyers will be over the phone and email. Important correspondence will be contained in letters as PDF attachments to emails. This includes invoices. It is essential that you take the time to read all correspondence received by your lawyer and contact your legal team should you have any questions, require clarification, or need further information in order to understand.
