- Understand how to navigate those early discussions about property settlement by clearly understanding the court processes.
- Build an understanding the legal definition of property and exactly what this broad term covers.
- Gain an understanding of how courts will examine your case and potentially make a property settlement decision.
- This fact sheet provides clear guidance on what constitutes property of a relationship and what can be included in a property settlement.
Property Settlement Fact Sheet
After separation, some of the most critical and potentially difficult conversations occur in relation to dividing property of the relationship through a property settlement.
Property settlement includes assets, liabilities and financial resources. The definition of ‘property’ is very wide. It will include almost anything of financial value including assets and resources such as: jointly owned assets; property owned in the name of only one party and superannuation.
Courts look at the particular facts of each case on its own merits and then make an Order they consider appropriate for the circumstances. An Order made by a Court is usually framed in terms of the percentage of the total property pool that each party will receive.
This fact sheet provides you with a starting point to learn about the property settlement process.