A couple may make uneven financial or property contributions when marrying. When separating, the court must have a method of deciding how the couple’s assets should be split if they can’t reach an agreement.
In family law in Western Australia, one method of dividing property interests is by considering each party’s contributions before and during the marriage.
In the recent case of Telfer v Telfer  FCWA 2, the court applied a four-step process for determining an application for Property Interests. Pursuant to the Family Law Act (Cth) 1975 those steps were:
- Identify existing legal and equitable interests of parties in their property.
- Ascertain whether it is just and equitable to make an order altering those interests.
- Identify and assess contributions of the parties and determine their contribution based entitlements under ss 79(4)(a)-(c).
- Identify and assess the relevant matters under ss 79(d)-(g) then determine any adjustments to be made to contribution based entitlements.
Click here for your copy of the Family Law Act (Cth) 1975.
Property settlement can be a complex process. We therefore recommend you seek legal advice from one of our experienced family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who is very experienced in property settlement matters.
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 firstname.lastname@example.org now for your complimentary pre-read and your first appointment at a reduced rate.