Property Settlement Lawyers

While you can settle out of court, formalising the agreement through a consent Order or Financial Agreement provides legal protection.

A property settlement includes all assets and debts, such as homes, cars, savings, investments, and superannuation.

You have 12 months from the date of the divorce to reach a property settlement, or you need court permission to file after this period.

It's difficult to reopen a property settlement unless there's evidence of fraud, duress, or non-disclosure.

The next step is to assess each party’s contribution during the relationship, both financial and non-financial. The court will consider contributions made by each spouse during the relationship, including:

• Initial contributions or assets introduced at the commencement of the relationship.
• Financial contributions, including your income, any inheritances, gifts and lump sum payments received during the relationship or after separation.
• Non-financial contributions such as maintenance and renovations to the family home.
• Contributions made to the welfare of the family, including caring for children and performing domestic duties of the household, such as cooking and cleaning.

Having considered each party’s contributions, we must then assess the future needs of each spouse and determine if any adjustments should be made to reflect that spouse’s future needs. Matters which need to be considered include:

• The age and health of each of the parties;
• The income, property and financial resources of both parties;
• Whether either party has the primary care of a child of the relationship under the age of 18.