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Family Court Jurisdiction 

Addressing Spousal Property Disputes

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

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3 Stage Process

The Court generally adopts a three-stage process in which:

Firstly

Needs to identify and value the marital assets and all matrimonial liabilities.

Secondly

The parties' contributions to acquiring, conserving, and improving the marital assets need to be assessed.

Thirdly

The court has the power to ensure that justice is done between the parties. The court can make further adjustments to consider the parties' needs after separation.

Consideration Factors

Accordingly, the following matters are taken into account:

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

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Resolution & Negotiation in Family Disputes

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.

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