JosephDavid Lawyers practice primarily in the area of Family Law Property Disputes, for both married and de facto couples seeking a property settlement and/or spousal maintenance.
Highly Rated Experts
We are highly experienced and highly rated experts in the field. Many of our clients have been so satisfied with our professional service and the outstanding outcomes they have each achieved that they have graciously written and published many glowing reviews of our firm.
There are legitimate areas of dispute pursuant to the Family Law Act 1975 (Cth) over the quantification of the asset pool, identification of financial resources, assessments of each party’s contributions, assessments of each party’s reasonable future needs and what is a ‘just and equitable’ settlement.
There is also the added complexity of family relationships, ongoing parental responsibilities, co-parting commitments, emotional entanglement and personal conflict.
The impact of late applications, pre-existing assets owned before the commencement of the marriage or de facto relationships are all factors which must be appropriately considered and weighed by the Courts when determining a property division.
Our practice aims to reassure you of your rights and entitlements, together with advising of your obligations and responsibilities, from the very first (free) consultation. Where there is a general understanding of the assets in dispute (estimations of property values, business values, vehicle values, etc.), we are able to provide an estimation of a likely percentage range of outcomes in the first conference itself.
We do our best to resolve your Property Dispute at the earliest possible stage, through negotiation and agreement without Court, or by Consent Orders without formal litigation.
Where that is not possible, for whatever reason (lack of disclosure by the other party, unreasonable offers in negotiations, etc.), we proceed to the next stage by filing your Application to the Federal Circuit Court of Australia, or the Family Court of Australia, as appropriate.
Almost all of our matters resolve by the latest stage of the Court-Ordered Dispute Resolution through either a Conciliation Conference or Mediation. We provide fixed-price costing for each stage of the dispute (without court, with court, mediation/conciliation and trial).
Fixed Price Costs
The complexity of the matters involved (need for valuations of businesses/investigation into Trust structures, extensive review of financial disclosure to ascertain all relevant assets are included and any scope for ‘wastage’ arguments are considered, for example), affect the overall costing.
A modest asset pool with basic asset holdings (a family home and an investment property, for example), will equate to a lower price for our service, as less is required to ensure due diligence is achieved.
Once we have achieved formal Court Orders for the settlement of your dispute, we are then able to oversee the settlement of the matter through our PEXA-certified lawyers acting to transfer interests in Real Property or by facilitating transfers of registration to give effect to the division of property. We are a holistic all-in-one service.
Overall, we aim to achieve the best possible result, at the best possible price, by providing our clients with clear, objective and pragmatic legal advice for their best interests.
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Our clients appreciate the transparency of our open, clear and regular communication through convenient email, SMS, phone or face-to-face conference. You are always kept in the loop with your matter and in control of how you want your dispute to be negotiated/litigated.
Our Fixed-Price structure significantly reduces the stress of worrying about unknown legal bills and not having to worry that each email or telephone call is monitored and billed in 6-minute intervals.
Moreover, in the event of financial hardship, we are able to defer the payment of our professional fees until the settlement of the matter. You will only need to pay for disbursements (valuation fees, court fees, etc.), on a pay-as-you-go basis.
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We do our very best to ensure that your best interests remain our priority and to hopefully add you to the list of our glowing client reviews.
Contact Us Now for Free to see how we can help assist in resolving your Family Law Property division/settlement dispute.