Q: We were never married, does that make a difference?
Q: What am I entitled to?
A: Every property case is different but generally there will be an assessment as to the following:
- What are the assets and debts to be divided?
- What contributions did each party make? This includes consideration of the property brought into the relationship by each party at the beginning of the relationship, during the relationship and post-separation. It also requires a consideration of the non-financial contributions including contributions as homemaker and parent.
- Are there any special circumstances which need to be taken into account such as: the care of children, differences in income earning capacities, health concerns or the ages of the parties?
- Is the outcome fair?
Everyone’s situation is different and assessing what a fair outcome is will also require consideration of issues including:
- What was the length of the relationship?
- Are there any children of the relationship?
- What are each of the parties’ current circumstances?
- How long has it been since the parties separated?
- What have the parties done with their assets since separation?
- Did either party receive a lump-sum such as an inheritance, compensation payout and how it was used?
Q: If I don’t remain in the home will I lose all my property rights to it?
Q: It’s in my name so it’s mine isn’t it?
Q: I owned it before the relationship so it’s mine isn’t it?
Q: Is property valued as at the date of separation?
Q: Can superannuation be divided?
Q: Do we have to value the assets?
Q: How are the assets valued?
Q: Is there a time limit for applications for property adjustment?
A: If you were married, applications for property adjustment must be made within 12 months of your divorce becoming final.If you were in a de facto relationship, your applications for property adjustment must be made within 2 years of the breakdown of your de facto relationship.
If you do not apply within these time limits, you will need special permission of a Court. This is not always granted.