Following separation, whether married or de facto, the assets between you and your former spouse need to be divided. Prior to the intervention of the Courts, the parties can enter into negotiations and agree on property orders.

Our team of family lawyers work closely with clients through the separation process and highlight all important factors that need to be taken into consideration before any division of assets and property settlement can be achieved. The process of reaching a successful property settlement must take into consideration all assets and debts owned by you and your former partner. This includes, but is not limited to taking into consideration the income of both parties, the financial resources, debts and physical assets such as real estate, cars, shares, furniture etc.

Failing to deal with certain assets, and not disclosing assets may result in the property settlement being set aside by the Courts at a later date.

The aim is to negotiate and agree on a fair settlement without incurring the costs of Court application in addition to avoiding the need to experience the stress and emotional turmoil of Court proceedings.

Resolving your property settlement by consent, without the intervention of the Courts, can result in efficient and cost effective resolution, allowing both you and your ex-spouse to move onto the next stages of your lives.

If there is no consent and the parties cannot come to an agreement, proceedings will need to be commenced in the Federal Circuit Court or Family Court seeking orders for division of property. Application for property orders to the Court need to be made within 12 months of date of divorce otherwise leave of the Court will need to be obtained beforehand to file out of time. Once a property application is filed, the Court primarily considers financial and non-financial contributions made by each party to the assets and liabilities of the relationship. This process of consideration has a number of complexities, but is simplified in the 4 stage approach adopted by the Court, as follows:

  • Establishing the asset pool or pools;
  • Identifying Contributions (financial and non-financial) made during the relationship to the pool or pools (noting that the contributions of the parties can be different for each);
  • Understanding the future needs of the parties; and
  • Determining if the decision with respect to property is fair and equitable.

If your property settlement does not settle by consent, Antunes Lawyers have extensive experience in Family Court matters and can assist you in navigating the complex Court system in achieving your desire outcome.

Talk to one of our expert lawyers today.