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Property Settlement Outcome


Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Peter Magee

As a Family Lawyers, we often hear statements like:

  • "My friend got 60%, why am I only entitled to 50%";
  • "After my neighbours divorce, she got to keep the house. I must keep the home also"; and
  • "The family law system is biased. A work colleague had four houses before he met her. After they separated, she was entitled to half of everything they owned, including his four properties".

Information about the four step process a Court goes through when determining property disputes can be found at:
http://www.armstronglegal.com.au/family-law/property-settlement/four-step-process

If a property dispute does proceed to a Final Hearing, the outcome is ultimately at the discretion of the Judge deciding the matter. Depending on the Judge on a particular day, the evidence and how it is presented, will likely impact the outcome in respect to property distribution. No two cases are exactly the same. To illustrate this, no two cases have parties exactly the same age, having the same experience/tertiary qualifications, earning the exact same amounts or the same age children. In addition, there may be periods of time whereby one party did not receive an income, parties may or may not have received gifts or inheritances during or after the relationship, a party may have varying needs in the future that requires an adjustment (for instance if a party requires ongoing expensive medical treatment, requires training to increase income earning capacity or a party may soon be receiving a substantial financial resource). Further, there could be a discrepancy in respect to what each party brought into the relationship by way of equity. The factors as set out above are not the only factors that are likely to vary decisions in respect to property distribution.

If you have separated and require advice about the range of settlement outcomes in respect to your property matter, please contact our office. One of our family law solicitors can provide you with advice after consideration of the specific factors in your particular matter.


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?

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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