Property Settlement by yourself or with a lawyer?
Our clients ask us whether they need a lawyer to formalise family law property settlement, or people can just do it themselves. You are able to represent yourself, reach an agreement and formalise your property settlement. However, please remember that family law property settlement must be formalised in writing and there are only two ways to do it.

Can I represent myself during my property settlement?

Our clients ask us whether they need a lawyer to formalise family law property settlement, or people can just do it themselves. You are able to represent yourself, reach an agreement and formalise your property settlement. However, please remember that family law property settlement must be formalised in writing and there are only two ways to do it.

How can my property settlement be formalised in writing?

The first way is a Court Order which can be done by consent, and the second way is a Binding Financial Agreement. So you can use a Binding Financial Agreement as a prenuptial or postnuptial agreement and to formalise your family law property settlement.

Do I need a lawyer to formalise my BFA?

In cases of Binding Financial Agreement, both parties must have lawyers representing them and have been issued a certificate of independent legal advice.

Do I need a lawyer to formalise my Consent Orders?

In cases of Consent Orders, there is no requirement to have a lawyer, but if you are capable of doing it yourself, if you can draft a full court order and application, that is fine, but you may consider having at least one solicitor to do the drafting work.

If you have questions regarding your property settlement, please do not hesitate to contact us on 07 2113 4645 so we can book your initial consultation.
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