What is property settlement?
Property settlement is about sharing the assets and liabilities of a marriage or de facto relationship according to Western Australian Family Law.
It requires obtaining an order from the Family Court of Western Australia to terminate the financial relationship between each party. The law is the same for same-sex couples. This can be done by agreement.
Our ethos is to resolve property settlement matters as quickly as practicable, involving the least amount of stress and costs for our client.
In Property Settlements, the court ordinarily engages in a five step process.
- Determine whether it is just and equitable to alter the property interests of the parties at all;
- Identify the assets and liabilities of the parties, that is identify and value the net assets of the parties;
- Assess the parties’ contributions, that is consider the financial contributions, the non financial contributions and the contributions to the welfare of the family;
- Assess the parties’ future means and needs, that is each party will have different future needs depending on a wide range of factors set out herein; and
- Determine what is “just and equitable”, that is the Court will consider whether the orders proposed are just and equitable in all the circumstances of the case.
Our Legal Practitioner Director Shannon Bodekers works exclusively in Family Law and has over 20 years of experience. This includes resolving property settlement matters as quickly and cost-effectively as practicable.
Our Legal Practitioner Director offers our clients a free pre read before their first reduced rate appointment. This means your appointment is not spent providing this information. It saves you valuable time and fees from the outset. You can email this to firstname.lastname@example.org prior to your appointment.
Some of the information that may be useful could include:
- The name and address of both you and your former partner;
- A brief history of the relationship;
- When you and your former partner began living together;
- The date you were married or commenced cohabitation (if applicable);
- When you and your former partner separated;
- When your former partner might think you separated;
- Any previous periods of separation;
- Whether there are or have been any Family Violence or Restraining Orders and if so copies of same;
- The name and ages of any children;
- What parenting arrangements are in place and have been in place including the nights and other time the children spend with each parent;
- A history of any property you purchased through the relationship and whose name it is in;
- Any assets, liabilities and superannuation you or your former partner have together with documents evidencing values;
- What financial, non-financial contributions and contributions to the welfare of the family you and your former partner made during the relationship;
- The respective future needs for you and your former partner including your respective ages, state of health and future income earning capacity together with anything else that you consider may be important; and
- Any copies of previous court documents.
Let’s work it out together
For practical advice on your property settlement, write to us below and we can arrange your free pre-read and first appointment at a reduced rate. Alternatively, you can write to us directly at email@example.com.