Property Settlement after Separation
After sharing a life together, it can be difficult to decide how to divide property between you and your former spouse or de facto partner. It’s not uncommon to fall into a dispute about dividing the property accumulated during the relationship.
Ultimately, the property you and your former spouse or de facto partner own, or have an interest in, needs to be divided in a way that is fair to you both.
A common misconception is that the Court will make a 50/50 split, with both parties entitled to half of the property. This is not the case. Instead, the Courts have developed a fairly rigorous method to work out how to divide the property at the end of a relationship, based on the laws as set out in the Family Law Act 1975. The method involves working out what we call contributions and future needs factors.
Talking with one of our family lawyers who has expertise in family law property settlements can help you protect your interests when it comes to dividing property.
The Court Process
