PROPERTY SETTLEMENT

Ellison Moschella & Co offers comprehensive advice and representation in relation to the division of property between separating spouses.  Essentially, the rules relating to de facto couples and married couples are the same, even though they are governed by different legislation and come within different jurisdictions.

We will help you through the process in achieving the best result possible by:

•        Ascertaining the pool of assets, financial resources (including superannuation),expenses and liabilities to be considered
•          Determining each party’s financial and non-financial contributions to the acquisition, conservation and improvement of those assets, financial resources and liabilities
•          Assessing other non-contribution factors including:
•       Where the children will live
•       Age and state of health
•       Ability to earn an income
•       Numerous other matters
•          Pursuing a division which is just and equitable in all the circumstances.

Considerable documentation is required in relation to these issues (particularly if litigation is likely) and Ellison Moschella & Co will help you manage collection and presentation of the relevant information.

Often the structure of a property settlement is as important as the size of a client’s share is.  For instance, it may be appropriate to split a superannuation entitlement with a view to preserving ‘hard assets’ which will enable the paying party to re-establishment himself or herself as quickly as possible.  Ellison Moschella & Co is able to recommend financial advisors with specific experience in relationship breakdown matters to the benefit of our clients.

Please contact our Philip Anthony on 07 3221 8655 or philip.anthony@ellisonmoschella.com.au.