Property Settlement

Property Settlement Lawyers

Experienced Property Settlement Lawyers in Perth & WA

  • property settlement lawyers perth

    Slide title

    Write your caption here
    Button

- PROPERTY SETTLEMENT LAWYERS PERTH -

What are you entitled to in a divorce?

When couples separate or divorce, one of the crucial aspects they must address is the division of their property and finances.


Property settlements encompass all assets and debts jointly owned, regardless of whether they are registered under both individuals' names or just one. The range of property includes but is not limited to, the family home, bank accounts, cash, vehicles, and superannuation funds.


There are two main types of property and financial orders -

  • property and assets division
  • spousal and de facto maintenance orders


This page provides a general overview of property matters. For further information on eligibility and maintenance, visit the dedicated spousal maintenance orders page.


Before resorting to court proceedings, it is essential to resolve disputes through alternative means genuinely. Utilising family dispute resolution services is a crucial initial step, facilitating discussions to address financial and property concerns. These services are part of the pre-action procedures recommended in such cases. If an agreement is reached through dispute resolution, you can formalise the arrangement by applying to the Court for consent orders. Read more about property settlement mediation.

SCHEDULE AN APPOINTMENT

Factors Considered in Property Settlement

The Family Court in Western Australia considers several factors when determining a fair and equitable property settlement after separation or divorce. These factors are outlined in the Family Law Act, and the Family Court in WA will assess each case individually to ensure a just outcome. 


Financial Contributions 

The Court evaluates the financial contributions made by each party throughout the relationship, which may include but are not limited to employment income, assets brought into the relationship, inheritances, and financial support provided to the family unit.


Non-Financial Contributions

The Court will take into account the non-financial contributions of each party. These contributions encompass homemaking, child-rearing, household maintenance, and other non-monetary contributions that have benefited the relationship and the family.


Future Needs 

The Court assesses the future needs of both parties involved in the property settlement. Factors considered include the age and health of each party, their income-earning capacity, the presence of caring responsibilities (such as caring for children or elderly parents), and any other relevant factors that may impact their financial situation in the future.


Property Pool

The total value of the assets and liabilities accumulated by the couple during the relationship, known as the property pool, is a significant consideration. The Court looks at the current value of all assets, including real estate, investments, bank accounts, businesses, vehicles, and superannuation funds.


Just and Equitable

The Court's primary objective is to achieve a just and equitable property division. This does not necessarily mean an equal split but rather a fair and reasonable division based on the case's specific circumstances and the abovementioned factors.


Other Relevant Factors

The Court may also consider any other relevant factors that may impact the property settlement, such as any financial agreements or binding arrangements between the parties, potential tax implications, and any misconduct or waste of assets by either party.


It is important to note that the weight given to each factor may vary depending on the individual circumstances of the case. The Court has the discretion to determine the appropriate weight and application of these factors to achieve a fair and just outcome for both parties involved in the property settlement process in Western Australia. Seeking legal advice from a family lawyer is recommended to understand how these factors may apply to your situation.

CALL TO BOOK A CONSULTATION

Property Settlement Process

The process of property settlement in Western Australia typically involves several key steps. While each case may have unique aspects, here is a general outline of the process:


Step 1. Gathering Information and Financial Disclosure


Both parties must provide full financial disclosure, including documenting all assets, liabilities, income, and expenses. Gathering relevant documentation such as bank statements, property valuations, tax returns, and superannuation statements is essential for accurately evaluating the total value of the assets. A qualified valuer must be sought if parties cannot agree on the property's value.


Step 2. Seeking Legal Advice


Each party should seek independent legal advice from a family lawyer specialising in property settlement matters. A lawyer can help you understand your rights and entitlements under Family Law in Western Australia.


Step 3. Negotiation and Mediation


The parties are encouraged to negotiate and mediate to reach an agreement on the division of assets and liabilities. Mediation can be facilitated by a neutral third party facilitating discussions and finding common ground. The aim is to achieve a mutually acceptable settlement without court proceedings.


Step 4. Consent Orders or Binding Financial Agreement


If parties reach an agreement at mediation, they can choose to formalise it by applying for consent orders or entering into a binding financial agreement. Consent orders are submitted to the Family Court of Western Australia for approval while binding financial agreements do not require court approval but must meet specific legal requirements.


Step 5. Court Proceedings


If negotiation and mediation (Step 3) do not lead to a satisfactory agreement or one party refuses to engage in the process, court proceedings may be necessary. The initiating party can choose to file an application with the Family Court WA, and the matter will progress through various stages, including case conferences, interim hearings, and, if required, a final trial where a judge will decide on the division of property.


Step 5. Implementation and Enforcement


Once a property settlement is finalised, it is crucial to implement the agreed-upon division of assets and liabilities. If a party fails to comply with the settlement terms, there may be a need to seek enforcement through legal channels.


Formalising Property Settlement Agreements


Formalising property settlement agreements is crucial in resolving property matters after separation or divorce. It involves creating legally binding arrangements that outline the agreed-upon division of assets, liabilities, and financial obligations between the parties involved. In Western Australia, consent orders and binding financial agreements are two main methods of formalising property settlement agreements.


  • consent orders
  • binding financial agreements 


Property Settlement and Superannuation


Superannuation is treated as property under the Family Law Act 1975 in Western Australia. However, it differs from other property types because it is in a trust. Superannuation splitting laws have been established to enable superannuation division when a relationship breaks down. Since September 28, 2022, de facto couples in Western Australia who separate can also split their superannuation, just like married couples.


Seeking Professional Advice


Obtaining professional legal advice is essential to understand your rights and responsibilities regarding property settlement. Family lawyers specialising in family law matters can provide valuable guidance specifuc to your situation. Family Lawyers in Perth have the knowledge and expertise to interpret complex legal matters, ensuring you know the options available.



  • How to force a property settlement if ex is delaying property settlement?

    If you find yourself in a situation where your ex-partner is delaying the property settlement process, there are several steps you can take to address the issue and move forward. First and foremost, maintain open lines of communication. Initiate a conversation with your ex-partner to express your concerns about the delay and the importance of resolving the property settlement. Be diplomatic and emphasise the benefits of reaching a fair and amicable agreement.


    Seeking legal advice from an experienced family lawyer is highly recommended. Our Perth Family Lawyers can provide guidance specific to your situation. A lawyer can communicate with your ex-partner or their legal representative on your behalf, highlighting the need for progress and urging them to fulfil their obligations.


    Consider suggesting mediation as an alternative dispute resolution method. Mediation involves a neutral third party who helps facilitate discussions between you and your ex-husband. It provides an opportunity to address any disputes. Mediation can often be a more cost-effective and less adversarial approach than court proceedings.

    If informal attempts to resolve the delay are unsuccessful, your lawyer can send a formal notice to your ex-husband. This notice will clearly outline the concerns regarding the delay and request prompt action. It may also highlight the potential consequences of continued delays, such as involving the Family Court or incurring additional legal costs. The formal notice serves as a clear indication of your commitment to moving the property settlement process forward.


    In some cases, applying to the Family Court WA for property settlement orders may be necessary. This step involves initiating legal proceedings to seek the court's intervention in making a binding decision on the division of assets. Our Family Lawyers will guide you through the process and represent your interests in court, ensuring your rights are protected and advocating for a fair settlement.

  • Can my ex claim money from my new partner?

    Your ex-partner cannot directly claim money from your new partner. Property settlement and financial matters typically involve the division of assets and liabilities between the parties of the former relationship. The property settlement process focuses on the assets and financial resources of the separated couple.


    However, there can be exceptional circumstances where your new partner's financial resources might indirectly affect the property settlement. For example, if you are financially dependent on your new partner, the Court may consider this when assessing your financial needs and the division of assets. The Court aims to ensure that both parties meet their reasonable financial requirements post-separation. 


    Specific circumstances can significantly impact property settlement outcomes, and family law can be complex. Seeking advice from an experienced family lawyer will provide personalised guidance based on the details of your situation. 

  • How long does a property settlement take?

    The duration of a property settlement can vary depending on various factors, including the case's complexity and the parties' willingness to cooperate. While it is difficult to provide an exact timeframe, property settlements typically take several months to resolve. 

  • What happens if my ex does not accept the proposed property settlement?

    You may need to consider initiating court proceedings if negotiation and mediation do not lead to a resolution. The process involves filing an application with the Family Court in WA to have the Court determine the property settlement. The Court will assess the evidence and make a decision based on relevant factors, such as financial and non-financial contributions, future needs, and the overall fairness of the proposed settlement

  • What happens in mediation for property settlement?

    Mediation for property settlement is a process designed to facilitate discussions and negotiations between parties to reach a mutually acceptable agreement on the division of assets and liabilities.

    Read more about the role of mediation in property settlements.


    Disclaimer: The information contained within this article is provided for general informational purposes only and should not be used as a substitute for professional legal advice. This information may not apply to your specific circumstances, and it is recommended that you seek advice from an experienced legal professional to best understand and navigate your situation. Get in touch with our Family Lawyers in Perth.

Why Choose Us

Empathetic & Compassionate

We take time to listen and understand your situation at every stage be it the initial consultation or during the court proceedings.

Experience & Expertise

45+ years of experience and wide range of expertise under the same hood.

Transparency & Confidentiality

From providing legal advice and negotiating your claims to reaching a settlement and representing on your behalf in Court, we strive to communicate openly and clearly, without using legal jargon.

We assist clients in - 


Perth, Applecross, Winthrop, Booragoon, South Perth, Como, Waterford, Brentwood, Ardross, Bicton, Fremantle, Myaree, Kardinya, Murdoch, Bunbury, Busselton, Eaton, Australind.

OUR DIVORCE & SETTLEMENT SERVICES

Representation in Family Court

ARE YOU IN A DE FACTO RELATIONSHIP OR MARRIED?

If you are in a de facto relationship or marriage and your relationship has come to an end, then you will have to decide how to finalise your financial arrangements and divide your assets. We understand the challenges you may be facing during separation or divorce, and we are can provide legal advice and help you reach the best outcome to your family.

GET LEGAL ADVICE TODAY

If you need advice regarding your divorce or any other family law matter, contact us to schedule an initial consultation.

Share by: