If possible, you should try to reach an agreement about property matters in a domestic relationship. If you reach an agreement you should have it formalised by a DA Family Lawyer to make it legally binding.
The court must, if practical, make orders that will break all financial ties between the parties and avoid future disputes. The court can order:
- Transfer of property between parties, or to one or other of them.
- A sale of property and distribution of proceeds.
- The production of and signing of documents to change
ownership of assets.
- Payment of money by one party to the other in a lump sum or
by instalments, and security for such payments to ensure they
are made.
- The appointment or removal of trustees to protect the assets.
The court has very wide powers to deal with actual or planned sale or gift of assets made with the intention of defeating an order of the court. The action taken will depend on what is practical in the circumstances, but can include an injunction restraining further dealing with the assets, or payment of the value of the assets as the court directs. You should get legal advice as soon as you become aware, or suspect the existence, of any plans to hide, sell or dispose of assets.
Contact DA Family Lawyers Online for more information on Property Transfers
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