What happens in a property settlement?

What happens in a property settlement?

What is settlement? Property settlement is a legal process that is facilitated by your legal and financial representatives and those of the seller. It’s when ownership passes from the seller to you, and you pay the balance of the sale price. The seller sets the settlement date in the contract of sale.

How much does property settlement cost?

Property settlement lawyers’ fees average about $700 an hour compared to a mediated settlement that can cost $243 for the family court filing fee or just $60 for people with a health care or student card.

How long does a financial settlement take?

usually about 2 months if transfers of real estate are involved. If you choose to commence court proceedings (as a first option or after attempting negotiation and/or mediation), the first date in court will be approximately two months after the documents are filed at court.

How is property settlement determined?

Firstly, the assets, liabilities and financial resources of the couple are identified and valued. Secondly, the financial and non-financial (such as the homemaker role) contributions are assessed. Thirdly, the future needs of the parties are considered, as detailed below.

Can I get a divorce without a property settlement?

Divorce and property settlement are not one and the same. Separated parties can have a property settlement without getting divorced and parties seeking to divorce do not necessarily have to have a property settlement. De facto couples have 24 months from the time of separation to institute Court proceedings.