FAMILY LAW FACT SHEETS

1. What is a property settlement?
   If you are married or in a de facto relationship and you divorce or separate then you will want to divide your property. This division is often referred to as a "property settlement".
2. What is "property"?
   This is not always an easy question to answer. A very wide range of interests are considered to be property including real estate, investments, cars, companies and trusts. Soon even superannuation will be seen as property to be divided in a property settlement.
3. We've already agreed on what property each of us will get; can't we just get on with it?
   The best result will often be reached by agreement.
   However, there are dangers in just reaching an informal property settlement and getting on with it.
   Your partner may change his or her mind later or be concealing something which should be included in your agreement – talk to us about formalising what you have agreed.
4. All our property just gets divided 50:50, doesn't it?
   A 50:50 division can be a good starting point but there is no fixed rule. The percentages can change significantly with personal circumstances.
   Many factors go to decide who gets what. These factors include the length of the marriage, what you brought to the marriage, contributions during the marriage, who has the care of the children and so on.
5. Can't I just let the court decide who gets what?
   There are simpler and cheaper ways of reaching a property settlement than going to Court.
   Use your lawyer to help you reach an agreement with your partner and only go to Court when you have no other choice.
   You are not guaranteed the result you want by going to Court and it will cost you in terms of money, time and emotional stress.
6. I'm sure my husband is hiding assets. Can I look at his records before I agree on anything?
   If you suspect that your partner has assets that you don't have details of then you can get access to his or her business documents, tax records, financial records and other details. It is best to speak to us further about the best way of doing this.
7. We had the house registered in my wife's name and she says she is going to sell it. Can I stop her?
   Speak to us immediately and we will advise you on the best steps to prevent anyone dealing with or disposing of the property.
8. My parents gave us $20,000 last year, who gets that money?
   This is a complex question. The Court will look to the intention of the person making the gift and when the gift was made – it may be seen as a late contribution by the party whose parents provided the funds.
9. We were divorced more than a year ago; can I still get a court order?
   Normally you have to make an application for property settlement within 12 months of your divorce.
   After 12 months you will first have to convince the Court that you will suffer hardship if you are not allowed to apply. Please talk to us about this and we will advise you whether or not you will be able to pass that test.
10. Can consent orders deal with the children as well as the property?
    Consent orders can deal with a very wide range of issues all at once including where the children live, who has contact with the children, the division of property and the paying of maintenance to or by your partner.

Please note all Family Law information contained on this site is specific to Australia and the De Facto Law information is specific to South Australia only. These fact sheets are not intended to constitute or to be a substitute for legal advice. If you wish to obtain any further advice specific to your case please contact one of our Family Law Team.
Brendan Murray (Partner) Jill Miller (Partner)