Family law property settlement. Dividing assets after separation or divorce. Property settlement after separation or divorce.
There is no presumption in Australian law that marital assets must be divided equally between husband and wife. Instead, the Family Court has broad powers to make Orders for a just and equitable division of assets.
In deciding how the assets of a husband and wife should be distributed, the Family Court must first determine whether it should alter property interests, and then follows a 4 step process:
Pre-marital assets, gifts and inheritances assets are not excluded but may in many circumstances be so significant that significant “credit” is given to the party who was responsible for bringing in the asset into the marriage.
The simple answer is “yes”. It is an established principle that when the actions or conduct of one spouse makes the other spouse’s contributions “significantly more arduous than they ought to have been”, then this can result in that party obtaining a greater share of the assets.
We approach each case on a case specific basis, as 25 years of experience as family law specialists, tells us that each family situation is very different and in taking the time to understand your specific circumstances is what guarantees you that we do understand how you are feeling and guarantees you the best outcome for your circumstances.
Absolutely, the size of the asset pool is a very relevant factor in property cases, but the approach to be taken in determining the proper result does not vary. Click here for more information: Big Property cases
Special contribution by a party can significantly affect the divisions of assets. Click here for more information: How are Special Contributions in a marriage assessed ?
Contact Us today for an appointment or to make further inquiry.
The Norton Law Group is a long established and leading family law firm with specialist family lawyers in Sydney.
We offer first free family law conferences and tailored pathways including for both negotiation and court proceedings.
North Sydney
Sydney CBD Office
Leichhardt Office
© 2025 All Rights Reserved | The Norton Law Group |
Privacy Policy
|
Digital Marketing by
Whitehat Agency