Case Study 1
Case Study 2
Things to Consider
Items to Collect
Children and Separation
Children - 10 Things to Keep
Your Legal Preparation
Property Settlement - Property Needs s75(2)
Involvement in a family law property dispute can be an emotional and financially draining experience. At Armstrong Legal, our professional family law team understand the challenges our clients face on the path to property settlement and we will endeavour to assist you wherever possible.
Your family lawyer will provide you with information and guidance in determining how income and debt is to be split between you and your former spouse.
There is no determinative formula capable of being applied to the division of property from a former marriage or de facto relationship. In relation to the third step of family law property proceedings, the principles contained within s75(2) of the Commonwealth Family Law Act provide a guide to the court in reaching their decision.
Some of these important considerations include:
- The person’s capacity to gain employment
- Their health
- Their age
- Whether they must care for young children / another person
- Their eligibility for a pension or allowance
- Whether a reasonable standard of living is possible in the circumstances
- Whether there is a need to protect a party