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propert settlement
After separation it may be important to divide property and this is
called a property settlement.

It is important to obtain advice about property issues as soon as
possible after separation to ensure that your rights are protected and
to give you the advice and information you need to achieve a fair and reasonable property settlement. Delay in obtaining advice can result
in assets being dealt with or possibly disappearing before you have an opportunity to receive your entitlement.

Property settlements as between married partners are determined pursuant to the principles in the Family Law Act and any disputes can
be referred to a court.

Property includes all assets and financial resources owned either jointly
or individually and includes real estate, motor vehicles, furniture, bank accounts, businesses, shares, collections of precious items, investments and anything else that can be given a monetary value.

A property settlement should be addressed as soon as possible after separation - you do not need to wait until you are divorced.
The first step in the property settlement process is to identify and value the asset pool and it may be necessary to obtain valuations (e.g. from real estate agents or other valuers) if there is any dispute as to values.

There are two main factors for determining property entitlements:

Contributions - This includes both financial and non financial
contributions and also an assessment of any separate or special contributions made by either or both of you and non financial
contributions include contributions in the home maker and parent role.
Future needs - This includes factors such as who is responsible for the children after separation, income and employment capacity, age and health and availability of other financial resources.

One of the most important considerations in a property settlement is the welfare of any children under the age of 18.

Most property settlements are achieved through negotiation with the assistance of lawyers.

It is important to formalise property agreements through appropriate documents so as to prevent further claims in the future. These documents include court Consent Orders, Binding Financial Agreements and Superannuation Agreements.



ADVICE RESOURCE LINKS:

Applications
Divorce
Children and Parenting
Property Settlement
Superannuation
Pre-Nuptial Agreements
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Telephone: (08) 8641 0666
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