Property settlements pursuant to separation require a number of legal steps to finalise them. This includes full and frank financial disclosure by each of the parties, mediation to try and achieve an agreed settlement, and entering into consent orders to be approved by the court.
Where no agreement is reached at mediation, the matter can proceed to litigation.
Recent policy changes to grants of Legal Aid for some property matters are aimed at helping the financially disadvantaged. Legal Aid is now available for a pool of assets of a relationship with a new threshold of $850,000 and a lower limit of $40,000. The new policy targets applicants that are most economically vulnerable and at risk of post-separation poverty.
The new policy includes applicants over the age of 55, or applicants of any age with disclosed experience of domestic or family violence with the other party, or applicants with a disability that materially affects their ability to negotiate a reasonable property settlement.
Early Resolution Assistance comprised of early intervention mediations can form part of the grant, which can be conducted over two stages. Where parenting mediations are required in addition to property, these will be conducted separately.
Financial contributions to the repayment of a grant of Legal Aid will apply to any amount recovered by the Legal Aid applicant over the sum of $30,000.
More information can be obtained directly through Legal Aid following this link:
www.legalaid.nsw.gov.au/for-lawyers/policy-online/family-policies/family-policy-property
Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au
