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The process to reopen property settlement case in Perth is possible, but only under certain circumstances. These circumstances might include finding new evidence, changing circumstances and legal errors in the previous settlement. If you are looking to reopen a property settlement case in Perth, you must stay updated on the legal grounds and steps associated.
Here is a guide that will help you to understand the steps you need to take and discuss potential outcomes:
Reopening a property settlement case in Australia is governed by the Family Law Act 1975, under section 79A application. A party might be authorised to reopen such a case if they can prove one of the following legal grounds:
If one of the parties intentionally misleads the other or the court by hiding assets, the settlement might be reopened.
If there is some failure while disclosing relevant financial information, such as hidden assets or income, it might also become a reason for reopening.
When a party is forced or coerced into agreeing with the settlement, the case might have to be set aside or reopened.
Errors during the process of superannuation splitting orders might also provide you with grounds to reopen a property settlement.
A property settlement lawyer in Perth can provide you with greater clarity on the above-mentioned options.
Multiple steps are involved in a case of property settlement. These steps are particularly important to understand if you want a smooth experience. You need to pay attention to the details and proper documentation in all of these steps.
Let us understand the following steps in detail to help you gain a clear picture of the entire process:
It is highly important that you go through the original settlement order. The process of reviewing will give you a clear understanding of asset divisions, liabilities and financial agreements. You might even recheck them for any errors or omissions that were not disclosed previously.
You have to consult with a Property Settlement Lawyer in Perth for legal advice. A lawyer will properly help you assess if you actually have adequate legal grounds to reopen your property settlement dispute in Perth. Receiving proper legal advice from lawyers will make your options clear and boost your chances of success.
You will be assisted by lawyers while understanding family law and be suggested the best path on which you should proceed.
If you have new or undisclosed evidence, you have to gather it successfully. Evidence might often include financial documents, property valuations and witness statements. It might also be possible that these were unavailable or overlooked during the previous proceedings. These evidences need to be relevant enough to have a prominent impact on the outcome of the settlement.
Expert deceased estate lawyers Perth might be required if your case involves complicated estate issues.
When you have gathered sufficient evidence and legal advice has been received, filing an application constitutes the next step. You can apply the application in a relevant family court or a Federal court. The application should clearly mention the reasons for reopening the case and contain the supporting evidence.
A deceased estate lawyer in Perth can be consulted for handling all complications associated with estate assets and claims after a person passes away.
After you have submitted the application, the court will make its decision after reviewing it. If there is sufficient legal reason to reopen the case, it might be reopened. Other outcomes might also include changing the settlement or even rejecting the application.
If the court rejects the case, there are a limited number of options for appeal on the basis of the specifics of the case.
Reopening a property settlement case in Perth can be a complicated process, but it is still a viable option for you. Legal advice is important for the easy management of your case throughout the process. If you are not sure of the steps ahead, do not hesitate to reach out to qualified lawyers. They ensure your rights are protected and your case is well handled.