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What sort of process is followed in a property settlement following a divorce or separation?

Dividing property or other assets following a divorce or separation can be achieved by a four step process with the Family Court.  The steps are as follows:
  • Application for Settlement: An application is made to the Family Court for a Property Division Settlement. You will be required to file information about the relationship, including the length of time you have been together, and your reasons for separation or divorce.  Your application should also include a proposal for dividing the property and other assets held (e.g. family home, other property, savings, superannuation, shares and investments).  Your personal debt and liabilities details will be requested, to assess your individual financial situation.
  • Judicial Conference: The Judge will call a meeting to discuss how the case will proceed, and to determine what items the partners already agree on.
  • Settlement Conference: The Judge will hold a conference to see if the partners can agree together on how best to divide their property. Lawyers for both sides are able to participate in this if desired.
  • Hearing: If the partners can’t agree, the Judge will hold a hearing and make a legal ruling as to how the property will be divided.
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