What property and assets can you keep? And how much of your ex-partner’s real estate, superannuation, business and inheritance can you get some of?
Financial separation of a domestic partnership is difficult but necessary to be able to move and get on with your new separate lives.
“Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”
If negotiation’s fall over, we can act quickly and take it to the next level by starting Court litigation for you. This will make your ex-partner take you seriously.
Despite starting litigation, we will still push hard for a settlement and you are given a realistic range of possible outcomes, so fresh settlement attempts can happen.
It is always possible, and often preferred, to settle out of court. It is much easier to settle just Property, with children it does get more complicated because we are trying to protect ongoing relationships while property is all about splitting assets up.
Common Property Questions
What property is taken into account when dividing up the assets of a marriage / relationship?
How are the assets divided?
The Family Law Act provides for a four step process when making orders for the division of matrimonial assets. These steps are:
- Identify and value the net property of the parties;
- Consider the contributions, both financial and non financial toward the acquisition, conservation and improvement of any property and toward the welfare of the family;
- Consider a number of other factors including the age and health of the parties, whether either party has the care of the child of the marriage, the financial resources of the parties and their capacity for employment;
- Consider whether the orders proposed are just and equitable in the circumstances.
There are many precedent cases that provide guidance on how the court deals with these factors, however, each case is determined according to its own particular facts
Do I have to go to court to divide the assets of my relationship or marriage?
It is wise to get advice from a lawyer before you enter into an agreement so that you can be aware of your entitlements. It is also wise to have legal assistance in drawing up the agreement to ensure that it is enforceable.