Property disputes could involve disputes concerning property which includes assets and the distribution or share of those assets following separation. If there is dispute regarding the amount of property each party usually recommends three options per specialty for a valuer such as jewellery valuer, business valuer or real estate agent (depending on the asset/circumstances).
It is important to understand that each case is different and dependent on the circumstances around the relationship. For more information on how the court deems Property Disputes please visit Property Financial Settlements.
Court considerations in relation to property settlements include but are not limited too:
- financial contributions made directly or indirectly
- non-financial contributions made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them,
- the contribution made by a party to the marriage to the welfare of the family constituted by the parties to the marriage and any children of the marriage
- the effect of any proposed order upon the earning capacity of either party to the marriage;.
Property settlements can be achieved without the need of proceeding to court whilst still being just and equitable. In many occasions clients at first think it cannot be achieved with the court however after valuation of the property and negotiations settlement can be achieved through Consent Orders (LINK). This puts both parties in power to agree on a settlement that suits both instead of leaving it up to a court decision. Consent orders are also binding as they would be approved by a Court.
However, unfortunately some matters cannot be resolved without the court making property orders. The above considerations are significant as that it what the court considers in what is “just and equitable” and unless they are clearly illustrated in court documents and your Affidavit your entitlement and future financial impact can be significant diminished. It is very important to seek legal advice about what your situation is and provide as much information as possible to allow our lawyers to understand your situation and take into account the court considerations prior to it being too late.
It is important to understand that although superannuation is included in property settlement superannuation is dealt with separately. Splitting superannuation is taken into account when it was acquired (before or during/after separation).