Property division after separation

family law expert evidence brisbane family lawyers

family law expert evidence brisbane family lawyers

PROPERTY DIVISION AFTER SEPARATION WHERE FORMER PARTNER FAILS TO AGREE DIVISION OR TO PARTICIPATE AT ALL

Property division after separation is an important part of being able to get on with your life.  Whether or not it is a  relatively straight forward process can depend a lot upon the attitude taken by both parties. it also depends upon the steps you are willing to take if your former partner is not willing to co-operate in reaching an early agreement to settle.     

Property division and the breakdown of a significant relationship is one of the hardest things a person can go through. Sometimes it can be too much for a person. Your former partner may be in total denial, be affected by mental health issues or just be unwilling to co-operate with finalising an amicable family law property settlement. Can you succeed in finalising property division after separation where your former partner is being obstructive or just not engaging? The answer is yes!

If you wish to know how a division of your property will be considered by the Court and your range of entitlement for property division, contact our
Divorce Lawyers Brisbane and North Brisbane Divorce Lawyers for individual advice tailored to your circumstances, you are also welcome to read on….

You should know that the law does not apply a one glove fits all approach. What you are entitled to receive or retain in a final property settlement is going to depend upon a number of factors that are particular to your circumstances. This is why you are wise to obtain early legal advice about what is your entitlement for property division.

It is interesting though to see how the courts have approached property division in different cases. In a case before the Federal Circuit Court of Australia at Melbourne Fini & Neals [2018] FCCA 3510, Judge Hartnett made final orders for a property division after separation where the Husband failed to engage in the  Court process.

In that case, the parties:

  • met and started living together in 1999;
  • were married in 2003;
  • had 2 children together born in 2007 and 2010; and
  • separated in July 2017;

At the time of the hearing, the Husband had not filed any material in the Court or provided any financial evidence to the Wife.

The Wife filed all her documents and appeared before the Court represented by a Solicitor and Barrister.

The Court provided every opportunity for the Husband to engage in the process and present evidence to support his case for property division after separation. However, the Husband refused to do so. The parties resided separately under the one roof and during the Court proceedings, the Husband said to the Wife on numerous occasions that he had “no intention of going to Court” to respond to the Wife’s application.

The Court used the evidence put before the Court by the Wife and heard submissions of her representatives to make an Order for property division after separation that the Court considered to be just and equitable.

The Wife had brought into the relationship significant assets provided to her by way of an inheritance. The Husband unfortunately suffered from a
gambling addiction and squandered approximately $200,000 of the parties’ cash and shares.

The Wife was providing the majority of care for the parties’ 2 children. On account of her significant financial contributions and need to
care for the children into the future with little physical or financial support from the Husband, the Court Ordered a property division after separation such that that she received 75% of the matrimonial assets and the Husband received 25%.

However, don’t forget that every situation is different and what you are entitled to in property settlement will depend upon your particular circumstances.

If you are thinking of obtaining a divorce or require assistance to finalise a property division after separation or  parenting arrangements, contact our experienced Brisbane Divorce Lawyers or North Brisbane Divorce Lawyers. We can assist you to resolve your family law issues even where your former partner may be refusing to engage in negotiations for property settlement or parenting arrangements.

Our friendly and knowledgeable team of divorce solicitors are ready to assist you. We offer a free initial 15-minute call. You are also welcome to book a fixed-fee initial consultation with us for more detailed advice tailored to your particular circumstances.

No matter your situation, we will assist you to resolve your family law requirements, leaving you free to get on with life!

For more information and resources on divorce and Family Law matters, visit our page here.

The content of this article is intended to provide a general guide only to the subject matter. Specialist advice should be sought about your specific circumstances such as that provided in a personal consultation with LGM Family Lawyers.