Expertise
Family Lawyers - Divorce Lawyers - Child Custody - Property Settlements
FAMILY LAWYERS WOLLONGONG
Extensive Experience
Kells' experienced family lawyers specialise in all areas of family law including divorce, separation, child custody, child support
and property settlements.
Dedicated Team
Conveniently located in Wollongong and across the Illawarra region, our family law team offers the highest level of service, whilst remaining affordable and easy to talk to.
Trusted Family Lawyers
Nothing is more important to our team than upholding your rights and best interests throughout your legal process.
How Can Our Expert Family Lawyers Help?
Our experienced family lawyers in Wollongong and the Illawarra support people who are going through a challenging time in their lives as a result of separation, divorce, children’s issues, adoption, family violence, superannuation splitting, and property settlements.
We also handle cases involving same-sex relationships and de facto separation.
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Frequently Asked Questions
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Buying or selling property is often one of the largest financial transactions a person will make. While the conveyancing process may appear straightforward, even small mistakes can lead to costly delays, disputes, or unexpected liabilities. Understanding some of the most common conveyancing pitfalls can help buyers and sellers avoid unnecessary stress and ensure a smoother property transaction. What is conveyancing? Conveyancing is the legal process of transferring ownership of property from one party to another. It involves preparing and reviewing contracts, conducting searches, ensuring compliance with legal requirements, and coordinating settlement to finalise the transfer. For many people, the process can seem administrative. However, each transaction carries significant legal and financial risks that need to be carefully managed. Failing to review the contract before signing One of the most common mistakes is entering into a contract without first obtaining legal advice. A contract for sale may contain special conditions that affect the buyer or seller’s rights. These can include clauses relating to conditions that have to be met prior to settlement, defects, additional fees, and restrictions to the use of the property in question. Once contracts have exchanged, parties are generally legally bound to complete the transaction. Having a solicitor or conveyancing review the contract before signing or alternately during a cooling off period, can help you identify the potential risks and allow amendments to be negotiated before you are bound by the terms. Not conducting proper due diligence Buyers should ensure appropriate searches and inspections are carried out before committing to the purchase. Important due diligence steps may include: Pest and building inspections; Title and zoning searches; Reviewing council approvals for structures on the property; and Checking for easements, restrictions or covenants. Failure to investigate these matters can result in unexpected issues after settlement, including development problems, disputes with neighbouring properties and hidden costs. Overlooking settlement adjustments The settlement process involves parties adjusting on financial items such as: Council rates; Water rates; Strata levies; and Land tax (if applicable). If these adjustments are not properly calculated, either party may end up paying more than they should. Experienced solicitors and conveyancers ensure these adjustments are verified and accounted for when exchanging figures prior to settlement. Delays caused by missing documents Property transactions often involve strict deadlines. Missing documents, incomplete disclosure, or delays in obtaining mandatory certificates can slow the process and potentially jeopardise your position putting you at risk of costs and rescission. Working with a solicitor or conveyancer early in the process can help ensure all necessary documentation is prepared and exchanged in accordance with set timeframes. Not seeking legal advice for complex transactions While many property transactions follow a standard process, some situations can involve additional legal complexity. Examples include: Purchasing property through a company or trust; Buying off-the-plan developments; Rural or large land purchases; Subdivisions or development potential; and Transfers between family members. In these cases, legal advice can help ensure the structure of the transaction is appropriate and compliant with the relevant laws. The value of experienced conveyancing advice Property transactions involve significant financial commitments and legal obligations. Even experienced buyers and sellers can encounter unexpected issues if risks are not properly identified. Seeking professional conveyancing advice early in the process can help: Identify and mitigate potential risks found in contracts; Ensure appropriate searches are conducted using the correct platforms; Manage settlement deadlines to remove the stress from you; and Avoid costly mistakes which you may be liable for. With the right guidance, the conveyancing process can proceed smoothly, allowing buyers and sellers to focus on the next stage of their property journey. Contact the number one conveyancing team in the Illawarra today. We are experienced, approachable, and here to ensure your transaction is smooth and stress-free.
As more aspects of our lives move online, digital assets are increasingly forming part of family law disputes. From cryptocurrency and online businesses to social media accounts and digital intellectual property, these assets can hold significant value and may be considered when property is divided following separation. Understanding how digital assets are treated in a property settlement can help parties ensure that all assets are properly identified and fairly distributed. What are digital assets? A digital asset is any asset that exists in digital form that holds a value. In the context of family law, this can include a wide range of items, such as: Cryptocurrency holdings (such as Bitcoin or Ethereum) Online businesses and e-commerce stores Domain names and websites Digital intellectual property, including software, designs or online content Social media accounts that generate revenue Digital advertising accounts or monetised platforms NFTs (non-fungible tokens) Online investment accounts Digital wallets or payment platforms In many cases, these assets may not be immediately visible in traditional financial documents, which can make them harder to identify during a property settlement. Are digital assets included in the asset pool? Under Australian family law, the Court considers the total asset pool of the parties when determining a property settlement. This includes assets held individually by the parties, jointly, or by the parties through companies or trusts. Digital assets are treated the same as other forms of property. If an asset has financial value, it is generally included in the property pool regardless of whether it exists physically or digitally. The importance of full financial disclosure All parties involved in family law proceedings are required to provide full and frank disclosure of their financial circumstances. This includes digital assets. Because some digital assets can be difficult to detect, issues can arise where one party fails to disclose them. For example, cryptocurrency wallets or online trading accounts may not appear on standard bank statements. If undisclosed digital assets are later discovered, the Court has the power to revisit or set aside a property settlement that was reached without consideration of these assets. The growing role of cryptocurrency Cryptocurrency has become one of the most common digital assets appearing in modern day property settlements. Because cryptocurrency transactions can occur outside traditional banking systems, they can be more difficult to trace. However, blockchain analysis and forensic accounting techniques are increasingly used to identify crypto holdings and transaction histories. Protecting digital assets during separation If you are separating and hold digital assets, it is important to take steps to properly disclose them. This may include: Recording all digital assets and accounts you hold Preserving transaction histories Obtaining professional valuations where necessary Seeking legal advice early to ensure proper disclosure Early identification of digital assets can reduce disputes and help ensure a smoother property settlement process. Seeking legal advice The complexity, volatility and sometimes hidden nature of digital assets can create challenges if they are not properly identified and managed. Obtaining legal advice early in the separation process can help ensure that such assets are correctly disclosed, valued and included in the overall asset pool. If you are navigating a property settlement involving digital assets, experienced legal guidance can assist in protecting your interests and achieving a fair outcome. Do you need family law advice? We specialise in all areas of family law and have a team of experienced, caring family lawyers conveniently located throughout the Illawarra region and the Sydney CBD.
Speak to a Family Lawyer
Whether you're navigating separation, parenting arrangements, or property division, our team is here to help you move forward with confidence and care.
