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Divorce Property Settlement
02 Sep 2023

Divorce Property Settlement: Avoid the Most Common Mistake

By Family Lawyers Mackay, 02 Sep 2023
Divorce Property Settlement

Divorce property settlement is a crucial process that demands careful consideration and expertise. Property disputes hold immense significance within the realm of family law, directly impacting your financial future. As an experienced lawyer since 2005, I’ve witnessed firsthand the consequences of mishandling family law property settlements. Many individuals mismanaging these settlements often inquire about the possibility of appealing judgments or revisiting consent orders. While I can assist in some instances, prevention remains the most effective solution. Are you open to learning from others’ mistakes and giving advice? Doing so could save you from a significant error.

Avoiding Pitfalls: Key Steps for a Successful Divorce Property Settlement

  • Mistake #1: Incurring Excessive Legal Fees

Divorce is frequently financially detrimental for most people. The division of assets usually involves sharing the asset pool in thirds: one-third for each spouse and one-third for legal fees. While this might not be the exact scenario, the courts emphasize that legal costs should be at most 10% of the asset pool. Unfortunately, some family law firms charge exorbitant rates. Reviewing Cost Notices from opposing parties highlights the disparity, and I take pride in ensuring my clients’ costs remain reasonable.

Justice Benjamin’s stance against inflated legal costs in the Simic v Norton case is a pertinent example. Exorbitant fees, including their children, wreak havoc on parties emotionally, socially, and financially. Thus, it’s paramount to avoid excessive legal expenses. Engage a proficient lawyer who employs a low-overhead business model, preferably offering fixed fees. Transparency about the costs associated with each court event is vital. Opting for the cheapest or priciest lawyer isn’t advisable; instead, select a lawyer offering value relative to market rates and the complexity of your case.


By consulting one of our accredited family law mackay specialists.

Guiding You Towards a Sound Divorce Property Settlement Strategy

Engaging in ongoing negotiations that yield no resolution and excessive costs is a common scenario. If you’re in such a situation, consider seeking assistance. I offer a fixed fee for swiftly initiating court proceedings. Prioritize negotiations but recognize when they’re unproductive. Property settlements must be filed within specific timeframes post-divorce or de facto relationship dissolution. Exceeding these limits could lead to complications.

Remember, even with a ‘win,’ incurring excessive legal fees can be a Pyrrhic victory.

  • Mistake #2: Accepting an Inequitable Settlement

Accepting less than your just and equitable entitlement can be emotionally and financially damaging. I’ve encountered cases where individuals forfeited substantial assets due to various reasons. One client intended to give away all purchases to achieve peace and access to their children. While the latter was commendable, sacrificing everything wasn’t. My advice ensured a fairer process and outcome.

Another case involved a victim of family violence agreeing to an unjust settlement out of fear. Prioritizing personal well-being and securing necessary protections was essential. It’s crucial to distinguish situations where fighting is critical to the children’s best interests and when it’s about securing a just and equitable property settlement.

Empowering You to Pursue Equitable Divorce Property Settlements

Winning is imperative when your future financial well-being hinges on a fair property settlement. High net worth cases often involve significant disparities between spouses’ economic contributions. Accepting payments without thorough understanding and proper negotiation can lead to regrettable outcomes. Short-term thinking and overlooking future consequences can be detrimental.

Having a reliable lawyer is pivotal. Trust their advice; it’s rooted in expertise and is mutually beneficial.

  • Mistake #3: Opting for a DIY Approach

While DIY projects can be satisfying, certain matters require professional guidance. Dentistry and divorce property settlements fall into the latter category. Information online and advice from well-meaning yet unqualified sources can be overwhelming; much like investing advice from ‘influences,’ family law guidance requires an in-depth understanding of individual circumstances.

While simple cases might seem manageable, there are nuances only experienced professionals can identify. Apps and guides can be helpful tools, but they need more nuanced insight than human experience provides.


By consulting one of our accredited family law mackay specialists.

Guidance for a Successful Divorce Property Settlement

Contact experienced professionals like Family Lawyers Mackay Family Law for comprehensive guidance through your divorce property settlement journey. Your future financial stability depends on making informed decisions. Collaborating with seasoned experts ensures a smoother process and favourable outcomes.

In conclusion, a successful divorce property settlement requires foresight, expert guidance, and the avoidance of common mistakes. Prioritize selecting a reliable lawyer, seek equitable settlements, and seek professional assistance. Remember, your financial well-being and future are at stake – make choices that prioritize your best interests.


Q: Can I handle property settlement without legal assistance?

A: While it’s possible, it’s advisable to consult an attorney to protect your rights and interests fully.

Q: How long does property settlement typically take?

A: The duration varies but can take several months to reach a fair agreement.

Q: What if my spouse refuses to cooperate during property settlement negotiations?

A: Seek legal intervention to ensure a fair division of assets.

Q: Are inherited assets subject to division during divorce?

A: Inheritances are generally considered separate property but may be subject to division if commingled with marital assets.

Q: Can property settlement agreements be modified later?

A: In some cases, yes, but it requires court approval and a valid reason for modification.

Q: What if I discover hidden assets during or after the settlement?

A: Report any concealed assets to your attorney and the court for appropriate action.

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