Property Dispute & Settlement

Property Dispute & Settlement

The Family Court (The Court) has jurisdiction relating to the property dispute between spouses.

The Court generally adopts a three stage process in which:

Firstly: Needs to identify and value the matrimonial assets and all matrimonial liabilities.

Secondly: Needs to assess the parties contributions to the acquisition conservation and improvement of the matrimonial assets.

Thirdly: The court has power that in order to ensure that justice is done as between the parties the court can make a further adjustment to take into account the needs of the parties after separation. Accordingly the following matters are taken into account:

  • Each parties health
  • Income
  • Earning capacity
  • Financial resources
  • Superannuation
  • Care of children under the age of 18
  • Amount of child support.

The Family Rules require prospective parties to genuinely try to resolve their dispute before starting a case and we always strongly suggest to clients that they attempt to negotiate and sort out their differences instead of going to court.