Dividing Your Property

Property Settlements

There are only 3 things which finalise property matters between former partners – Orders of the Court, a Section 90 Agreement (Domestic Partnership Agreement for de facto couples), or the passing of 12 months since the finalisation of a divorce. Until one of these 3 things happens, property matters are not finalised, and either partner can apply to the Court for a property settlement.

It is essential you formalise any agreement that you and your partner reach about a property settlement, because until it is formalised, you cannot be certain that the property you are left with is yours and yours alone.

There is a four step process involved:

  • Working out what there is to be divided;
  • Assessing the contributions made by each person;
  • Looking at the future needs of each person;
  • Deciding whether the result is just and equitable.

You should consider what you might receive if the matter was determined by a Court as well as the advantages of resolving the matter swiftly and (relatively) inexpensively through agreement. Boylan Lawyers will guide you through this process, and ensure that all relevant considerations are taken into account.

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