Property Settlement Lawyers Wollongong

Get Help From Our Experienced Property Settlement Lawyers in Wollongong

Step 1. Identify and value the assets, liabilities and resources of the parties​.

Step 2. Consider the contributions of the parties made throughout the relationship​

Step 3. Consider the future needs of each party

Step 4. Determine whether the proposed settlement is just and equitable.

Every property settlement is different, but the goal remains the same — achieving a fair division of assets. The team at Hanna Lawyers works with you to negotiate a resolution that reflects your contributions and future needs.

What to expect in your family law property matter

Initial consultation

We will sit with you and take details of the circumstances of the separation, the assets, each parties contributions and your future needs

Disclosure

We must exchange financial disclosure documents with the other side. These documents helps us determine the matrimonial pool

Advice

We will give you a detailed advice about your entitlements. Our advice is based on each parties contributions, future needs and what the Court might assess as fair and reasonable in these types of matters

Negotiations

We will enter negotiations on your behalf, directly with the other side or with the assistance of a mediator. If negotiations are successful we will document your agreement

Court

As a last resort, we will initiate proceedings asking the Court to intervene and determine the outcome of your matter

Our Clients Speak for Us

Wollongong Family Law Property Settlement FAQs

  • Are there any time limits on when property orders can be made?

    If you get divorced you must start property or spouse maintenance proceedings within 12 months of your divorce becoming final. If you have been in a de facto relationship, you must commence property or maintenance proceedings within two years of your separation.

  • How does the Court divide our property?

    There is no formula or rule that determines how the property will be divided. The Court is not required to split the property 50/50. It will consider many things, including:


    • Property owned before the marriage or relationship: The extent to which this is considered the property of an individual partner will depend on the length of the marriage or relationship and what contributions the
    • other partner made (if any) towards the accumulation and upkeep of the property.
    • Contributions made by both partners during the marriage or relationship: This includes direct contributions (e.g. wage earnings, maintaining assets and property), indirect contributions (e.g. gifts, assistance from family members), non-financial contributions, do-it-yourself home renovations and contributions made to the welfare of the family as a caregiver or homemaker.
    • Future needs (e.g. whether one partner will be supporting a child, the age and health of each partner and their ability to obtain employment and earn income).

    Generally, contributions to the welfare of the family would be considered to be just as important as the contribution of the primary wage earner.

  • Am I entitled to any of my partner's property if we were in a de facto relationship and never married?

    Changes to the Family Law Act in 2009 gave de facto couples similar rights as married couples. The Act states that a couple is in a de facto relationship if they are not married to each other, are not related by family and they have a relationship as a couple living together on a genuine domestic basis. If you are in a de facto relationship any disputes over your children or over property will be treated by law in the same way as for a married couple, if any one or more of the following conditions apply:


    • your de facto relationship lasted for at least 2 years,
    • you have a child with your de facto partner,
    • you have made a substantial contribution to the property or finances of your partner, or
    • the relationship is registered.

    If there is a dispute about whether you were in a de facto relationship, the Court will look at things such as:


    • the length of the relationship,
    • your living arrangements,
    • arrangements of finances and property ownership,
    • the degree of mutual commitment to a shared life
    • whether there was a sexual relationship,
    • whether or not you had or cared for children and
    • the way you presented your relationship in public.

  • How to prove a de facto relationship?

    Under the Family Law Act 1975, a person is in a de facto relationship with another person if they are not legally married to each other, are not related by family and based on the circumstances of their relationship are a couple living together on a genuine domestic basis. A genuine domestic relationship will include consideration of:


    • The duration of the relationship
    • Whether a sexual relationship exists
    • The degree of mutual commitment to a shared life
    • The existence of any children
    • Whether one partner is financially dependent on the other
    • The reputation and public perception of the relationship

    Before the Court will determine a de facto dispute you must meet one of the following four gateway criteria:


    • That the period for the de facto relationship is at least 2 years
    • That there is a child in the de facto relationship
    • That the relationship is or was registered under a prescribed law of a State or Territory
    • When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognised that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice