Do we have to be divorced to split the property?
Traralgon family lawyers Henry Street Law have over 25 years experience in helping families resolve family law property disputes and achieve settlement. As soon as you have separated you can make arrangements to seek a division of matrimonial property and debts between you and your former partner. You do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how things should be divided between you, or if an agreement can be reached, your lawyer at Henry Street Law can draft the documents which will finalise the arrangements, and then get the legal proceedings underway which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Circuit Court. This application must be made within 12 months of your divorce becoming final.
The matter will be set down for hearing and a legally binding decision will be made by the court.
How does the court decide?
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next the court will weigh up the contributions from both parties, including financial, non-financial, any inheritances, windfalls, and assets brought into the relationship.
Then the court will look at the future needs of both parties, including factors such as your earning capacity and your parental responsibilities.
Finally, the court will make a decision based on what is just and equitable to both parties.
Traralgon Family Lawyers | Henry Street Law can help you
Dealing with the complexities of a property dispute or settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome.