When a marriage ends in divorce, it can be a difficult and emotionally charged process. One of the most important aspects of the divorce process is determining how to fairly divide the couple’s assets. This can be a complex task, as there may be a variety of assets to consider, such as property, savings, investments, and retirement accounts. In addition, there may be debt to be divided between the parties.

In Australia, the Family Court has the authority to make decisions about property division during a divorce. The Court will consider a number of factors when making its decision, including the financial contribution of each party to the marriage, the needs of each party post-divorce, and any child-related expenses. The Court will also take into account any previous agreements between the parties, such as prenuptial or postnuptial agreements. Ultimately, the goal is to achieve a fair and equitable division of assets that takes into account the specific circumstances of the divorcing couple.

If you’re going through a divorce, one of the most important things to figure out is who gets the cash in the bank accounts. In Australia, there are a few different factors that will come into play when determining this.

First, the court will look at contributions, before the relationship, during the relationship, and since the relationship, both financial and non-financial contributions. For example, who was the primary breadwinner during the marriage. If one spouse earned significantly more money than the other, they may be awarded a slightly higher percentage, but not always. Additionally, the court will consider whether either spouse has any outstanding debts. If one spouse has significant debts, that debt will form part of the property pool and will affect the outcome. Finally, the court will also take into account each spouse’s future financial needs. This includes things like their age, health, and employment prospects. If you’re going through a divorce, it’s important to speak with a lawyer to ensure that your rights are protected.

Author

Justin Ireland

Justin is passionate about achieving life-changing outcomes for his clients. Justin’s family were farmers in New South Wales before moving to North Queensland where Justin grew up assisting his family to run businesses. Justin turned to the law in his mid-20’s, moved to Bondi Beach and completed a Bachelor of Laws from the University of New South Wales. Justin won a scholarship to go to London to study law at one of the best international law schools, University College London. Justin returned to Sydney and worked for top-tier firm Ashurst and then at DC Strategy in Sydney, before starting Strategic Lawyers, one of North Queensland’s fastest growing and dynamic law firms with an innovative and client-focused approach.

See author's posts