Third Party Representation
An increasing number of family law property settlements between spouses involves a range of issues regarding third parties, whose legal and financial dealings with the spouses also need to be resolved. Third parties can be family members including parents owed a debt by one or both spouses, unrelated corporate and trust structures, minority shareholders, business partners, in addition to creditors, such as banks and financial institutions.
In the right circumstances, a third party can be joined in the property settlement proceedings to obtain the claim sought. Alternatively, a spouse may allege an entitlement to the property or financial interests of a third party, with the third party having to defend such claim in a property settlement.
Upholding or defending the rights of third parties can involve complex legal, financial and taxation issues and early advice is essential. Allowing a property settlement to be resolved between spouses without the consideration of the rights and claims of a third party may defeat the possibility of obtaining the desired relief or remedy for that third party.
Waller Family lawyers are specialists and the team’s extensive background in third party representation and family law means you are in safe hands. Trent, Daniel and the team are passionate about their client’s wellbeing and can accommodate all your family law needs.To get in touch with Waller Family Lawyers today please visit the contact page.
Related Case Studies
The team acted for a Father living overseas who wanted to advance funds by loan to financially assist his child and her partner relocate to Australia and purchase a home.
The team acted for a spouse’s wealthy elderly parents. Their son was embroiled in a very acrimonious property settlement in Court.