Call (08) 9409 6187
Division of Property
EJ Wall & Associates can help you with legal matters surrounding Division of Property, Consent Settlements or another Family Law matter in Perth, Western Australia. Please contact us for more information.
Division of Property
"The Family Court has a wide discretion to divide the property of you and your spouse/partner upon your separation."
How does the Family Court decide how to divide property on separation?
The Family Court has a wide discretion to divide property of you and your spouse/partner upon your separation.
The court must first decide whether it is just and equitable (fair) to alter the existing property interests of you and your spouse\partner. In most cases, particularly where assets are jointly owned, the Court will find that it is just and equitable (fair) to alter the property interests.
When the Court decides to alter the property interests you and your spouse/partner, it takes into account the following guidelines or steps:
Firstly, it Identifies and values the property of you and your spouse/partner;
Secondly, it assess the contributions that you and your spouse/partner have made to your property, including financial contributions (direct and indirect), nonfinancial contributions (direct and indirect) and contributions to the welfare of your family (homemaking and parenting contributions).
Thirdly, it considers you and your spouse/partner “future means and needs” and any “adjustment factors”.
Fourthly, it divides the property between you and your spouse/partner in a manner that is otherwise just and equitable (fair).
In exercising these four steps, the Court has a wide discretion, but that discretion must be exercised in accordance with settled legal principles.
For further information regarding Division of Property, Consent Settlements or another aspect of Family Law, contact our Principal and Family Lawyer, Ed Wall for no obligation, free telephone advice on +61 412 891 034
Home Visit Service
For enquiries please contact us by clicking on the booking form below.
It's now easier than ever to get professional, high-quality legal advice in a comfortable setting with our Home Visit Wills, Estates & Family Law service.
Our home visit service is free of charge for those located in the Northern Suburbs of Perth, WA (there is a small call out fee for those south of the river). Learn more