Dividing Property - De Facto Separation


Property settlement matters arising from the breakdown of a de facto relationship are very complex particularly when there may be issues of if you and your partner were actually in a de facto relationship and if the Act can apply to you. This is why it is important for you to obtain advice from a qualified family lawyer who has experience with de facto relationship property settlements.

Am I Entitled To A Property Settlement After I Separate?

The simple answer is “yes” however you must satisfy specific requirements before the Court can make an order pursuant to the Family Law Act 1975 (“the Act”) about how to divide the property of you and your partner.

How Much Will I Receive?

When you separate from your partner you will often want to know the answers to questions like:

  • Who will keep the house or do we have to sell it?
  • Will I have a car to drive and if so which one?
  • How will we divide our money in our bank accounts?
  • Will I need to pay any money to my partner if I want to keep the house?
  • What do we do about our business?
  • Does it matter if we own properties in Victoria and South Australia?

The answers to the above questions are dealt with in what is generally called a property settlement. Your entitlement to a property settlement is not worked out by an exact formula and depends on the circumstances of your relationship. The overriding factor that needs to be considered is if the division of your and your partner’s property is “just and equitable”.

WHERE TO NEXT?

Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?

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