Property settlement can be complex and often requires specialist skills and experiences to secure your entitlement.
Our team at North Brisbane Law have extensive experience in conducting property settlement matters, including complex matters involving Family Trusts, overseas property, self-managed superannuation funds and companies.
How the Court determines property settlements
The Court has a wide discretion in making Orders that may alter the interests of parties in property. The Court will not make an Order for property settlement unless in all the circumstances the Order is just and equitable.
Essentially there are three steps the Court must consider in determining a property settlement:
1. Determination of the net value of the matrimonial property;
2. Examining the contributions before, during and after the relationship; and
3. Examining future circumstances or future need of all the parties.
Having considered all of the above matters, the Court then has a very wide discretion to make an Order that it considers proper and that in all the circumstances is just and equitable. There is no hard or fast rules for percentage divisions in property settlement matters. However, our experienced Lawyers will be able to guide you and advise you as to a likely outcome depending on the particular circumstances with your matter.