Property Settlement for De Facto and Same Sex Couples
A property settlement is an arrangement about how you and your ex-partner divide up your property.
'Property' can be almost anything. It includes the obvious things like a house or a car or money in a bank. But it may also include less obvious things like long service leave entitlements, superannuation, potential compensation claims and debts owed to you or your ex-partner.
How do you sort out a property settlement?
The best way to sort these issues out is to talk to you ex-partner and reach an agreement. It is wise though to get independent legal advice before you do that, so you know exactly what your entitlements and obligations are.
What happens if you reach an agreement?
If you reach an agreement with you ex-partner it is advisable to get a Certified Domestic Partnership Agreement drafted. The benefit of a Certified Domestic Partnership Agreement is that, if your ex-partner doesn't stick to the agreement, you can go to court to have it enforced.
What happens if you don't reach an agreement?
If you don't reach an agreement with your ex-partner we can apply to a court for orders to be made to determine your property settlement. The court will also encourage you to agree by organising a conference which you, you ex-partner and your lawyers attend. (If it has been a violent relationship, or there are other reasons why you don't want to see your ex-partner, the court can organise the conference so that you don't have to be in the same room.) If that conference doesn't resolve things the case is referred to the waiting list for a trial. Because that list is long, you may have to wait for up to a year until your trial takes place.
Are there time limits?
It is important to remember you have only 12 months from the date of separation to apply to court for a property settlement.
Our lawyers who practise in this area are:
- Jane Miller, Accredited Specialist in Family Law
- Dina Paspaliaris
- Wendy Barry, Accredited Specialist in Family Law
- Diana Dichiera
- Fiona Zogopoulos
- Amrita Malik
- Rob Muecke (Port Lincoln)
- Morgan O'Brien-Powell
