Top Family Property Settlement Lawyers in Canberra
Top Family Property Settlement Lawyers in Canberra
Top Family Property Settlement Lawyers in Canberra
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How to Effectively Protect Your Property Rights in Australia: Freezing Orders and Caveats Explained
During the property division process in Australia, if you’re concerned that the other party may transfer or dispose of assets without your knowledge, you can apply to the court for a Freezing Order to prevent unauthorised asset transfers, thereby safeguarding your legal rights.
The Process of Applying for a Freezing Order
To apply for a Freezing Order, you’ll need to follow these steps:
Provide the court with clear evidence that the other party may be transferring assets, such as bank transfer records or signs of asset sales.
If both parties can reach an agreement, a Consent Order can be used to simplify the process and apply for a freezing order.
Scope of Freezing Orders
Freezing orders generally do not cover the following expenses:
- Normal living expenses
- Business operating costs
- Loan repayments
- Reasonable legal fees related to divorce proceedings
Alternative: Setting a Caveat
If applying for a freezing order is not appropriate, a more cost-effective and straightforward solution is to set a Caveat or register a security interest in the asset.
For real estate
You can apply to the relevant government agency to register a Caveat on the property.
For personal property
You can apply to the government’s Personal Property Securities Register (PPSR) to register your interest in the asset.
Final Thoughts
When taking steps to protect your property, whether through a Freezing Order or setting a Caveat, it’s crucial to ensure you have a solid legal foundation. This not only helps protect your rights but also avoids potential financial or legal risks.
If you need more information or legal advice, feel free to book a free consultation. We offer personalised support to help you manage property-related matters effectively.
Book in a consultation with us today
Our team will give you expert advice that has been specifically tailored to your case.
Our Service
We take a thorough and thoughtful approach to ensure that every client clearly understands the process. Regardless of whether the situation is simple or complex, we are dedicated to providing support and helping plan for the future. Our philosophy is to offer the most cost-effective and simplified solution to what would otherwise be complex and costly challenges.
Legal advice on marriage and de facto relationships
Legal procedures for separation and divorce application
Property distribution for pre and post marriage
Property settlement and protection
Preventing the transfer of marital property and solutions
Effective Protection of Property Rights with Freezing Orders
Negotiation and resolution of spousal maintenance disputes
Arrangements for child custody and visitation rights
Why Choose Us
Our experienced lawyers provide expert advice and representation to ensure a fair and smooth process.
Our skilled team offers efficient solutions and tailored strategies to protect your interests.
Ensure a fair property settlement with our trusted lawyers. We handle all aspects of the process with dedication and expertise.
From negotiation to final settlement, our comprehensive legal services cover every step of the property settlement process.
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