The Family Court has a wide discretion when making Property Orders relating to the division of property and finances between parties to a marriage, or a de facto relationship (including same-sex couples).

There is no presumption that property and finances are to be divided equally, or in any other way.

The Family Court will follow a four-step process before deciding what Property Orders it should make.

  • Identify the assets and liabilities of the parties.
  • Assess the financial and non-financial contributions of the parties towards the acquisition, conservation and improvement of the assets, including contributions as homemaker or parent.
  • Consider each parties present and future circumstances to include age, state of health, income, property and financial resources, earning capacity, and whether a party has the care of a child under the age of 18, before deciding whether there should be an adjustment of each parties contribution based entitlements.
  • Determine whether the proposed orders are just and equitable having regard to the particular assets which each party will retain.

If an agreement can be reached without the need for Family Court proceedings, our lawyers can advise you on the most appropriate and cost-effective way of formalising your agreement. This may include making an application for Consent Orders to the Family Court.

If agreement cannot be reached, our team will represent you in Family Court proceedings in order to secure your legal rights and entitlements.

The Family Court has a wide discretion when making Property Orders relating to the division of property and finances between parties to a marriage, or a de facto relationship (including same-sex couples). There is no presumption that property and finances are to be divided equally, or in any other way.

The Family Court will follow a four-step process before deciding what Property Orders it should make.

  • Identify the assets and liabilities of the parties.
  • Assess the financial and non-financial contributions of the parties towards the acquisition, conservation and improvement of the assets, including contributions as homemaker or parent.
  • Consider each parties present and future circumstances to include age, state of health, income, property and financial resources, earning capacity, and whether a party has the care of a child under the age of 18, before deciding whether there should be an adjustment of each parties contribution based entitlements.
  • Determine whether the proposed orders are just and equitable having regard to the particular assets which each party will retain.

If an agreement can be reached without the need for Family Court proceedings, our lawyers can advise you on the most appropriate and cost-effective way of formalising your agreement. This may include making an application for Consent Orders to the Family Court.

If agreement cannot be reached, our team will represent you in Family Court proceedings in order to secure your legal rights and entitlements.

Spousal & De Facto Maintenance

Maintenance is ongoing financial support, paid by one party to a marriage or de facto relationship (including same sex couples) to the other. It is payable when one party is unable to adequately support themselves, and the other party has the capacity to pay after meeting reasonable living expenses. Maintenance and child support are not the same. Maintenance may be payable in addition to child support.

If an agreement can be reached without the need for Family Court proceedings, that agreement can be formalised by making an application for Consent Orders to the Family Court.

If an agreement cannot be reached, our lawyers will make or respond to an application for spousal or de facto maintenance on your behalf.