Generally speaking, the Family Court will not make orders for the adjustment of parties property interests, unless it first finds it just and equitable to do so.
Our Family & De Facto Law lawyers are adept at advising about the likely range of outcomes for your financial dispute.
Once the Family Court has found it just and equitable to make orders for the alteration of the parties' property interests, the Family Court will usually:
- Determine the value of assets, liabilities, financial resources and superannuation interests of the parties;
- Assess the financial and non-financial contributions made by each party to the acquisition, conservation and improvement of the parties' net asset pool;
- Consider what adjustment (if any) is to be made when considering factors in section 75(2) of the Family Law Act (or section 205ZD(3) of the Family Court Act) in favour to either parties ; and
- Considering whether the outcome from steps 1 to 3 above is just and equitable given regard to the particular circumstances of each case.
Where possible, our Family & De Facto Law lawyers encourage parties to reach a negotiated agreement regarding their property settlement and/or spousal maintenance. We have the skills and experience to assist you in these negotiations.
Upon reaching an agreement, we will assist you to prepare and file an Application for Consent Orders in the Family Court which reflects the agreement reached whilst informing you of how best to protect your interests.
For those parties who are unable to reach an agreement, our Family & De Facto Law lawyers are experienced and capable litigators who will assist you to pursue Family Court proceedings.
For advice about family law financial disputes, property settlements for married and de facto couples and spousal maintenance, call our Family & De Facto Law team.
