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Legal Services
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Property Settlement
The Family Court is obliged to divide the assets, financial resources and superannuation of parties to a marriage or de facto relationship (including same-sex relationships) in a manner that is just and equitable.
The Family Court determines property settlement in a four stage process:
- Firstly, the Family Court determines the value of each asset, liability and financial resource comprising the asset pool for division
- Secondly, the Family Court assesses the contributions from the parties as to the acquisition, conservation and improvement of the asset pool
- Thirdly, the Family Court considers various legislative factors concerning the future of each of the parties
- Finally, the Family Court must be satisfied that the division proposed is just and equitable given all of the circumstances
Time limits exist as to when a party can apply to the Family Court and therefore it is critical that accurate legal advice is sought as quickly as possible.
Klimek & Co can advise you on what your likely entitlement will be in the event that the property settlement was judicially determined. We can assist with every aspect of property settlement from negotiation through to litigation with a focus on obtaining a positive, expeditious and cost-effective solution.
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