When a relationship breaks down it can be a very tumultuous and upsetting experience for all involved. Unfortunately, with a relationship separation often comes the need to divide the property. We understand that disputes over the division of property compound the already difficult and emotional time you are facing. That’s why our team of family lawyers strive to deal with separations and property settlements in a compassionate and efficient manner. We will get you what you deserve and ensure that we are up front with you from the outset so that you are aware of the processes involved and the expected outcome. Honesty and integrity is something we pride ourselves on.
It is a common misconception that after separation each party is entitled to 50% of the property pool. There are many factors involved in determining what a just and equitable property split should be. The process can be briefly described as follows:- First, we need to ascertain what is in the property pool and we do this by identifying all assets and liabilities you have and asking your partner to disclose all of their assets and liabilities. This includes both personal and jointly owned assets/liabilities. Once we have determined what makes up the property pool we will then consider contributions made by each party. Contributions are both financial (acquisition, improvement and maintenance of property) and non-financial (parenting, care taker and home maker). What the future holds for each party is also considered, this is important to be able to try and forecast whether a party requires any financial adjustments for their future needs. Factors that are considered include, but are not limited to, taking care of children, health, age and earning capacity.
Along with the need to divide the property of the relationship or marriage, you must also decide who your children are to live with, and who your children are to spend time with and when. Important aspects of parenting must also be considered, such as how parental responsibility is allocated, as well as financial maintenance of your children. We understand that arriving at these decisions can often take time, and involve a myriad of emotions. We will help you to make informed and practical decisions, and where we can, steer you away from costly and time consuming Court proceedings. Ultimately, if the parties cannot reach agreement about long term parenting decisions, the Court will look to what is in the best interests of the child or children. In fact, that consideration is the Court’s paramount consideration.