Divorces are messy things, no matter how carefully they are planned. Even in couples who agree to go carefully so that they don’t hurt their children and so they can move on with their lives, property disagreements are common. Often, family lawyers need to be called in to mediate problems and to help the couple split their belongings fairly in court if needed.
Think about things ahead of time:
The easiest thing to do is undoubtedly to have paper agreements put into place during your marriage. For example, if one partner in the relationship puts the majority of the money into buying a house, then this should be written down and signed by both parties (under the watchful eye of a family lawyer of course). This document could then be used in a divorce court to make sure that and property divisions are done fairly and without bias.
How does the court split a property?
Unfortunately, many divorce cases end up in court. Often, one party feels that they deserve more than an equal share of the assets, but the other party isn’t willing to give them this. Keep in mind that the courts won’t automatically split property and assets equally, and that they will do their best to keep things fair. It is very important to consult a decent family lawyer before going to divorce court, as doing so will help prevent disappointment and anger following the court’s decision.
The court has absolute freedom to decide how properties will be split following a divorce. They will look at things like the financial contributions of both parties, the time the couple has been together, and their roles in the relationship. There are no hard and fast rules when it comes to splitting a property, and the courts have freedom to proceed as they feel is right.
What about pre-marital properties?
Pre-marital properties can often come under scrutiny, especially if they have been used over the course of the marriage. If both parties have contributed financially and time wise to the maintenance and use of a property, then there is a high likelihood that it will be split post-divorce. The longer a couple is married for, the less likely it is that pre-marital properties won’t be affected by a divorce.
Unfortunately, even business properties don’t seem to be excluded from divorce settlements. The court has the freedom to award some of your business property to your ex, especially under certain circumstances. If your ex-partner didn’t work, but instead stayed home and cared for your children, then you might find that they are entitled to a significant proportion of your business.
What should you do?
Divorce law in Australia can be very complicated and hard to deal with, especially when it comes to property settlements. The best thing that you can do is find a high-quality family lawyer to help you through the divorce courts, and to hope that you can reach a fair outcome!