Division of Property

Separating from your partner is more than just the emotional separation – there is also the need to separate your assets and liabilities.

We can assist with dividing your asset pool, regardless of whether it is small or large, or from a short or long relationship or marriage. We help review your assets as the bigger picture including noting what assets exist, disparities in income capacity, how and where did they come from, and who needs it.

Our aim is to maximise your entitlements under the law while minimising legal costs.

You can speak to us regarding division of property whether you are married or living in a de facto relationship – we have the expertise, experience and knowledge to assist with different types of relationships and consider your unique relationship situations.

We provide you with honest and realistic advice regarding your assets and your entitlements, and try to find an amicable resolution with your partner without the need to go to court.

In the event that your matter does require court involvement, we can assist with the application process, support and strong advocacy in court.

Breaking down the division of property myths

There is quite a large amount of mis-information regarding division of property – maybe you have heard some of these before.

Many of these do not have black and white answers – because every situation is different, the common answer is “it depends”. Our wealth of expertise allows us to review your assets and provide you with the information relevant and applicable to your case.

Isn’t it just a 50/50 split?

Not necessarily – every case is different. It does depend on matters such as who is primarily looking after the children, incomes, what they brought in to the relationship, future needs, physical and mental health, and considerations of a blended family.

My partner will take me for everything

Our expertise means we can review your case and work towards maximising your entitlements within the bounds of the law.

My partner is at fault, what do I get?

Just because your partner did something does not mean you get everything by default - your entire relationship is considered

I need to be divorced before I can divide property

No, you don’t – you can speak to us as soon as you consider separating from your partner (or you just have). Following on from the division of property, we can also assist with your divorce arrangements.

Their mother will get “custody” of my kids

No, not necessarily. Every family situation is different and your family dynamic will be reviewed as part of the process. We can also assist with finalising children and parenting arrangements.

What will I need to provide to help with the division of property?

Division of property is more than just physical assets like your house and car. It is best to be prepared and be able to provide:

  • Property and investment details
  • Business financial documentation
  • Bank statements
  • Credit card statements
  • Tax returns
  • Recent pay slips
  • Trust deeds
  • Inheritance details
  • Binding financial agreements

During the division process we assess and review your specific situation to work towards maximising your entitlements while minimising your legal costs.

When should I speak to you?

If you are considering separating from your partner – or just have – come and speak to us – call us on 03 9394 6355 to get started.

Remember - you do not need to be divorced to start the division of property. It is best to speak to us at the start of the separation.

Contact us today.

Chat with us about your needs or schedule a free 30 minute consultation.