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Property Settlement

SA Family Law is highly experienced in relation to property matters, and can provide valuable assistance in determining how income, financial resources and debts are divided between you and your former spouse/partner.

It is important that you obtain advice if you are separated or are considering separating. These decisions are complex and stressful, and short-term arrangements can have long-term consequences. We can help you to reach the best possible long-term outcomes in regards to you and your family's property.

After you separate, at some stage it will be necessary to divide your property through a property settlement.

The definition of ‘property’ is very wide. It will include almost anything of value.

Property settlements include assets, liabilities and financial resources such as:-

  • jointly owned assets/liabilities
  • assets/liabilities owned in the name of one party only;
  • superannuation;
  • business interests;
  • an interest in a company;
  • family trusts as well as other trust interests;
  • funds or interests over which a party has influence or control;
  • prospective entitlements (in some cases);
  • assets owned prior to the commencement of the relationship;
  • assets acquired the relationship;
  • assets acquired after separation.

There is no presumption of equality in family law and so an equal division of assets is not automatic.  A number of factors need to be considered when negotiating a property settlement and it is recommended that you obtain legal advice at the earliest opportunity.

Contact SA Family Law

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