Amicably Handling Property Settlement

One of the fallouts of separation will be the need to handle the property settlement in a manner that is accepted by both parties. In the event of a Court directed settlement, the effort by both the parties to the settlement proceedings would be to secure a just and favourable order. Handling the property settlement that will arise after a separation requires knowledge of the applicable laws and statutes governing it. This makes it necessary to use the services of a lawyer who will be able to guide and help a party to conclude the proceedings in a manner that is both just and reasonable.

Services offered by a property settlement lawyer

A property settlement entails many different aspects, and typically the provisions of the law would not be known to most individuals barring a few who are in the profession or allied services. With the services of reputed central coast property settlement lawyers, residents of the location, will find it easy to handle the property settlement aspects smoothly, without creating a difficult situation for either or both of the parties in the separation. Erstwhile partners opting for separation have a few options before them to settle the property. One option is a mutually acceptable consent order or legally binding agreement and the other is a court order which will automatically get the status of an order that is binding on both parties, regardless of how the property settlement has been directed. In some cases, either party in a settlement dispute post separation may feel that he or she has not received a good deal and that they have suffered due to an order which is not favourable. However, it needs to be remembered that a court order is on the basis of submissions put forth by both parties which will be evaluated on the basis of the evidentiary value of the submissions. Additionally, Courts employ standards by which the settlement proportion or amount is calculated.

Property division calculations used by a Court

The property division calculations relied on by a Court typically involves certain factors, such as the number of children who go in to the custody of either parent, the potential to earn income on the basis of age and health. The onus of responsibilities that will befall a parent and the expected expenses that will be incurred on the children will also be a factor when determining the size of the settlement ratio. Other aspects include the amount of contribution, the nature of contribution, inheritance and other contributions to the welfare of the combined family and the assets. By dynamically assessing all these factors, the Court arrives at a conclusion about the property settlement. Therefore, hiring the services of a specialist property settlement lawyer will certainly help in getting a good Order, because it will be possible to present this side of the case with greater conviction.  Similarly, in a consent order that has been arrived at with mutual consent, it will be necessary to fully understand all implications before signing the agreement. It would require the services of a lawyer to interpret clauses incorporated in the agreement, to be able to grasp full impact of the agreement.

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By | 2018-04-18T13:46:54+00:00 April 18th, 2018|Categories: Blog, Guest Post, News|Tags: |0 Comments

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