Merry Christmas

We will be closed from 5pm Thursday 22 December 2022 until 8:30am Tuesday 3 January 2023.

Merry Christmas

We will be closed from 5pm Thursday 22 December 2022 until 8:30am Tuesday 3 January 2023.

Property Settlement 

Negotiating fair property settlements with positive outcomes.

Perth Property Settlement Services
Helping you negotiate a fair property settlement

Are you going through a divorce or separation?

Following the breakdown of a marriage or de facto relationship, the division of property is critically important for the financial future of both parties.

You may not be able to agree on a property settlement with your former spouse, and in these circumstances, may need to ask the Courts for help.

Dividing assets can be a difficult and emotional process, and if not handled correctly, can have a significant negative impact on your life.

At Richardson Legal, our Perth divorce lawyers have worked with hundreds of couples to divide their assets, no matter how complex. We can help you understand what an equitable division looks like and what assets you may be entitled to.

Do I need a property settlement

In most cases, yes. If you don’t have a property settlement in place, then the financial relationship between parties has not been formally brought to an end. This means that either party could make a claim, or be subject to a claim, at any time until the time limits are reached (12 months after a divorce for married couples, or 24 months after separation for de facto couples).

How is a property settlement documented

There are two options to document a property settlement:

  • By an Application for Consent Orders
  • Using a Financial Agreement
Step by step

What is the property settlement process?

The Family Court must follow certain steps when assessing your property settlement:
1. Identify your existing property assets

Your separation means it is no longer practical for you to own property jointly or have an ongoing financial relationship, so the Court will need to make an order to reflect this.

2. Relationship contributions

Past transactions need to be reviewed to consider each of your financial and non-financial contributions to your property, plus any contributions as homemaker and parent, and make a preliminary percentage division based on those contributions.

3. Future Needs

Assess both of your ongoing future needs and other factors, before deciding whether it should make an adjustment to the percentage split made in the previous step.

4. Just and equitable outcome

A determination of what would be a ‘just and equitable’ property settlement is made.

If you need help negotiating a fair property settlement, we are here to help.