PROPERTY SETTLEMENT AND DISPUTE

Property settlement in Australia follows a four-step legal process to ensure a fair division of assets after separation. The key factors considered include:

1. Identifying and Valuing the Asset Pool – This includes all assets, debts, superannuation, and financial resources of both parties.

2. Assessing Contributions – The court considers both financial (income, inheritances, property purchases) and non-financial (homemaking, childcare) contributions.

3. Considering Future Needs – Adjustments may be made based on factors like age, health, earning capacity, and care of children.

4. Determining a Just and Equitable Division – The final percentage split depends on individual circumstances rather than an automatic 50/50 division.

To protect your financial interests, it’s crucial to get expert legal advice. At Jameson Law, our experienced family lawyers can guide you through the property settlement process and ensure you receive a fair outcome.

📞 Contact us today for an initial consultation and expert legal support.

Yes, a former partner can claim property after divorce in Australia, but there are time limits and legal criteria to consider. Under the Family Law Act 1975, property settlement can be pursued even if assets are solely in one person’s name.

Key Factors That Determine a Property Claim:

1. Time Limits –

   • Married couples must apply within 12 months after the divorce is finalised.

   • De facto partners have two years from the date of separation.

2. Contributions –

   • Financial (income, property purchases, inheritances).

   • Non-financial (homemaking, childcare, business support).

3. Future Needs –

   • Age, health, earning capacity, and child care responsibilities may influence the division.

4. Legal Agreements –

   • Binding Financial Agreements (BFAs) or Consent Orders can impact claims.

Even if a property is in one person’s name, a former partner may still have a legal right to claim a share. Seeking legal advice early is crucial to protect your interests.

📞 Contact Jameson Law today for expert guidance on your property settlement rights.

If your ex-partner refuses to accept the proposed property settlement, you have legal options to resolve the dispute:

1. Negotiation & Mediation – A family lawyer can help negotiate a fair agreement, or you can attend mediation to reach a compromise without going to court.

2. Applying for Consent Orders – If an agreement is reached, it can be formalised through the Family Court to make it legally binding.

3. Court Proceedings – If negotiations fail, you can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a property settlement order. The court will assess:

   • Assets & liabilities of both parties

   • Financial & non-financial contributions

   • Future needs (e.g., children, income disparity, health)

4. Enforcement of Orders – If a court order is made and your ex-partner refuses to comply, legal action can be taken to enforce the settlement.

It’s important to act within time limits (12 months after divorce or 2 years for de facto relationships).

📞 Need help? Contact Jameson Law today for expert advice on securing a fair property settlement.

Successful mediation significantly reduces the cost of completing property settlement. However, if your matter cannot be mediated, there are additional costs that apply.

Court fees may include:

Application for consent orders = $170

Initiating application – interim and final parenting and property (the Family Court of Australia) = $715

Initiating application – interim and final parenting and property (the Federal Circuit Court of Australia) = $715

Daily hearing fee = $655

Some of these fees may be reduced in the event that you are able to prove you are suffering from financial hardship or you have a Government concession card.

Additional costs apply if you require the services of a financial planner or forensic accountant.

In Australia, there are strict time limits for applying for a property settlement after separation:

• Married Couples – You must apply within 12 months after the divorce is finalised.

• De Facto Relationships – You have 2 years from the date of separation to make a claim.

If you miss these deadlines, you may need to seek special permission from the court, which is not always granted. Acting early ensures your financial interests are protected.

📞 Contact Jameson Law today to get expert legal advice on your property settlement rights.

Not necessarily. Court proceedings are dealt with on a case by case basis, however, the court generally favours the financially weaker party or those with child care responsibilities. To reach 50/50 or close to it, it is best to work together to reach a satisfactory outcome for both parties.

A 70/30 property settlement split is less common than a 50/50 or 60/40 split, but it can occur in cases where one party has significantly greater contributions or future financial needs.

Factors That Can Lead to a 70/30 Split:

1. Financial & Non-Financial Contributions – If one party made a much larger financial contribution (e.g., inheritance, business ownership) or took on the primary homemaker role for many years.

2. Future Needs – If one party has a lower earning capacity due to age, health, or childcare responsibilities.

3. Misconduct or Wastage – If one party recklessly wasted assets (e.g., gambling, excessive spending).

Each case is decided based on individual circumstances, and the court ensures the split is fair and equitable, rather than strictly equal.

📞 Need advice on your settlement? Contact Jameson Law today for expert guidance.

Yes. Parties to a separation often underestimate the assets and liabilities they have. It isn’t until they work through their finances with an expert that they realise the true value of their assets and liabilities. If you are unsure whether you should complete property settlement, talk to our team for a free initial consultation.