Property Settlements

There are many factors the Court will consider when determining the division of assets, some of which cover the following:

• Assets held by each party (including superannuation).
• The financial contributions of each party.
• The non-financial contributions of each party.
• The homemaking contributions of each party.
• Any contributions as a result of a special skill.
• The intentions of the parties at the commencement of the relationship.
• The conduct of the parties after separation in circumstances where one has embarked on a course of action to deliberately cause hardship to the other.

Parties who are separating often find one of the most challenging aspects of the separation to be determining how the assets of the relationship will be divided. Interests of third parties such as co-owners and business partners can also be relevant and impact on the settlement.

We recognise and understand that parties going through separation may have corporate interests and complex trust structures which also run the risk of being affected, or those of third parties, in a family law financial dispute. Competing interests and multiple relationship claims may arise when married couples separate, however decide to reach informal settlements and do not formally record settlements reached.

Family law is a broad practice and involves by necessity a broad knowledge base that extends beyond family law legislation to commercial law, taxation law, child support legislation, equity and trusts, and property law. Our practice is one that is diverse for this reason and all of the members of the family law team are regularly involved in and have a working knowledge in these fields so that any approach that is taken is strategic, holistic and well informed.