How Does the Court Resolve Property Disputes After Separation?

March 25, 2016 – at 12:22 am – by Bodekers Family Lawyers

If you are in Perth, Western Australia and are separating from your partner, you may leave it to the court to determine how property should be divided. It should be noted that property can include real estate, motor vehicles, investments, furniture and superannuation.

In the Family Court of Western Australia, they may use this four step process to help determine how property should be divided up on separation.

  1. Identify and value the assets and liabilities of the parties.
  2. Assess the contributions made by each party and decide what percentage of the property each party should receive based on the contributions of both of the parties.
  3. Make any further adjustment to ensure the settlement will be fair and to make a clean break in the parties’ financial relationship.
  4. Determine whether the resulting division is just and equitable.

To avoid expense, you should first try to negotiate on your own to reach an amicable solution. If that fails, you may need to seek legal advice to help settle the matter by other means. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who is very experienced in family matters and specialises in mediation.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.

Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding property settlement.

Email our Legal Practitioner Director Shannon Bodeker at info@bodekers.com.au now for your complimentary pre-read and your first appointment at a reduced rate.