Family Law

Property Settlement


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When property settlement should start

If you are married, you have 12 months from the date of your divorce to start property settlement proceedings.

If you are in a defacto relationship, you have 2 years following the end of the defacto relationship to commence court proceedings.

How property settlement orders are determined by the courts

When the court considers making an order for property settlement the court has a very wide discretion to make such orders as the court considers appropriate.

Generally the court will follow a four step approach taking into account factors and circumstances unique to your own individual matter:

  1. Step One Identify the assets and liabilities before, during and after the relationship;
  2. Step Two Assess the contributions made to the relationship by each party;
  3. Step Three Analyse the facts and circumstances of your case to take into account and future needs factors;
  4. Step Four ensure that any order made is just and equitable in all the circumstances.

A parties’ contributions to a marriage or a relationship can be non-financial, financial direct or indirect. A party may also make a contribution as a homemaker or parent by raising a child and tending to housekeeping duties.

Reaching an agreement without the courts

Like children’s matters, if you and your ex-partner/spouse can reach an agreement regarding the division of your assets, liabilities and superannuation following a relationship breakdown then Burbank & Brown can assist you by formalising that agreement into either Consent Orders or a Financial Agreement.

When negotiations fail

If all attempts to negotiate with the other side have failed and court proceedings are inevitable then Burbank & Brown can represent you.

In property matters you can assist Burbank & Brown by preparing an itemised list of your assets, liabilities and superannuation entitlements acquired before, during and after separation and bringing this list with you to your initial consultation.

Get in touch to make an initial consultation

If you would like Burbank & Brown to assist you with the negotiation or commencement of property proceedings please contact us and take advantage of our $200 fixed initial consultation fee, or book online now.


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