Property Division

We endeavour where practical to settle all financial cases by negotiation.

The Court has the power to make those orders it considers fit altering interests of either the husband or the wife in any property owned by both or either of them, including future entitlements such as superannuation. A property that is owned by one person only, or a family trust or company, will still be taken into account in court proceedings and must be disclosed.

In deciding what property orders should be made, the Court will follow a "4-step" approach in its analysis:

1. Identify and value all assets, including superannuation, companies, businesses etc
2. Analyse the contributions of the parties including as homemaker and parent - these are often found to be equal. Any assets brought into the relationship by one party or gifts from external sources, like inheritances, may have significance
3. Consider the future needs of the parties, eg their relative earning capacities and any responsibility to care for dependent children and
4. Decide what settlement is "just and equitable".

One important consideration is the need of one party to provide accommodation for dependent children. All assets of both parties, no matter when or how they were obtained must be disclosed. How they are apportioned between you will be decided by the court. Commonly, recent inheritances will be given back to the party whose family was responsible for the bequest in the first place. We will guide you as to how your particular case is likely to be approached by the Court.

Remember, every case is different. The same general principles apply if negotiations fail and the matter must proceed to court.