“I’m so thankful for the service provided by Unified Family Lawyers in regards to my family matter... highly professional, empathetic, approachable and responsive to all my legal needs.. they obtained the optimal outcome for me and now I have my life in order.”
Kat t
“Would highly recommend Unified Lawyers. They were highly professional and compassionate, addressing challenging issues and working to resolve them. They were always available to assist and clarified complex processes.”
Luci-Anne Kreller
“I am so glad finally it came to an end!!. Thank you so much Taylor! you have advised me accordingly as to where I stand in my situation, and resolved my problem amicably.
Sheilah Janarthanan
“Tania and her team have done fantastic job for my case. They take my case from my previous lawyer and get everything organised in a short notice. Thanks for their help.”
“I’m so thankful for the service provided by Unified Family Lawyers in regards to my family matter... highly professional, empathetic, approachable and responsive to all my legal needs.. they obtained the optimal outcome for me and now I have my life in order.”
Kat t
“Would highly recommend Unified Lawyers. They were highly professional and compassionate, addressing challenging issues and working to resolve them. They were always available to assist and clarified complex processes.”
Luci-Anne Kreller
“I am so glad finally it came to an end!!. Thank you so much Taylor! you have advised me accordingly as to where I stand in my situation, and resolved my problem amicably.
Sheilah Janarthanan
“Tania and her team have done fantastic job for my case. They take my case from my previous lawyer and get everything organised in a short notice. Thanks for their help.”
“I’m so thankful for the service provided by Unified Family Lawyers in regards to my family matter... highly professional, empathetic, approachable and responsive to all my legal needs.. they obtained the optimal outcome for me and now I have my life in order.”
Kat t
“Would highly recommend Unified Lawyers. They were highly professional and compassionate, addressing challenging issues and working to resolve them. They were always available to assist and clarified complex processes.”
Luci-Anne Kreller
“I am so glad finally it came to an end!!. Thank you so much Taylor! you have advised me accordingly as to where I stand in my situation, and resolved my problem amicably.
Sheilah Janarthanan
“Tania and her team have done fantastic job for my case. They take my case from my previous lawyer and get everything organised in a short notice. Thanks for their help.”
“I’m so thankful for the service provided by Unified Family Lawyers in regards to my family matter... highly professional, empathetic, approachable and responsive to all my legal needs.. they obtained the optimal outcome for me and now I have my life in order.”
Kat t
“Would highly recommend Unified Lawyers. They were highly professional and compassionate, addressing challenging issues and working to resolve them. They were always available to assist and clarified complex processes.”
Luci-Anne Kreller
“I am so glad finally it came to an end!!. Thank you so much Taylor! you have advised me accordingly as to where I stand in my situation, and resolved my problem amicably.
Sheilah Janarthanan
“Tania and her team have done fantastic job for my case. They take my case from my previous lawyer and get everything organised in a short notice. Thanks for their help.”
If you’re in a relationship and wondering “when one partner owns the house in Australia, can my partner claim half?” Australian Family Law has specific rules around property division that take into account relationship status and contributions from each partner, along with other factors.
In this article, our property settlement family lawyers discuss relationships, property ownership and what happens when you break up. We will outline the factors that influence whether a partner could be entitled to your property during a separation and help you to understand your options.
Understanding Property Settlement
What exactly is a property settlement? It is the process of dividing assets and liabilities between partners after a relationship breakdown. The Family Law Act 1975 governs this process with the objective of ensuring a just division of assets. As we talked about earlier, the type of relationship matters in these cases, and the rules of a property settlement usually apply only to those who have either been married or in a de facto relationship.
A common misconception is that a fair and just property settlement means that everything is split 50/50, but that’s not the case. The aim is to ensure that the division of assets is fair and just for the circumstances. This means that it takes a wide range of factors into consideration before deciding how the assets are split.
Factors such as each partner’s financial and non-financial contributions, their future needs, and child caring responsibilities are key. It’s a complex process that can be daunting to navigate alone as it is different in every situation.
If you’ve separated from your partner and you’re trying to work out who gets what is the split or what your wife is entitled to, it’s a great idea to discuss your situation with a family lawyer. It doesn’t mean that you have to use their services to actually create a property settlement agreement, but they can help you to understand all of your options and obligations, as well as the various factors that should be considered.
What is a Binding Financial Agreement?
What does a Binding Financial Agreement entail? In Australia, a binding financial agreement is a legally recognised document that outlines the allocation of assets and direct financial contributions in the event of a relationship dissolution. This agreement specifies how the partners’ assets will be divided, potentially reducing financial dependence on one another.
BFAs can be made at various stages:
Before a relationship (as a pre-nuptial agreement)
During the relationship
After a relationship breakdown
During and after a marriage
However, for a BFA to be legally binding, each party must receive independent legal advice, and the agreement must be reviewed regularly to account for changes in circumstances to ensure ongoing legal validity.
While a BFA can be created and help to protect your assets, it is essential that it is understood that it is possible for it to be overturned or set aside.
Property Settlement
Here you will find all our blogs and articles related to property settlement.