Property Settlement

Framy Anne Browne
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Property Settlement

Lavan’s family lawyers in Perth are well versed in the Family Law Act 1975 and the Family Court Act 1997 and regularly appear in the Family Court of Western Australia and in Courts in other jurisdictions. 

Our family lawyers can assist you to finalise your property settlement.  Your property settlement  may require an analysis of property issues including complex financial arrangements.  Lavan’s family lawyers are able to advise on the optimum presentation of property applications. 

Our family law lawyers can also advise you on the likely outcome of your property settlement if it proceeds to the Family Court of Western Australia.  Our aim is to provide you with realistic advice and to assist you to properly finalise your property settlement.

The Family Court has the power to make orders for property settlement.  Under the Family Law Act, all of the assets of the parties, whether the assets are in joint names or not, are required to be disclosed.  When working towards a property settlement, each party has an obligation to fully disclose his or her financial position to the Family Court and the other party.

The Family Court is obliged to make orders which are “just and equitable” having regard to:

  • the financial contributions of each of the parties.
  • the non-financial contributions of each of the parties, particularly in the role of homemaker and parent.
  • the future financial position of the parties, including the need to provide for children and the capacity of the parties to provide for those needs.

Under the Family Law Act, applications for Property Settlement can be commenced at any time up until 12 months after a divorce becomes final. For de facto couples, the limitation period expires 2 years after separation.

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