The 'Four Step' Approach to Property Settlements

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SMART SOLUTIONS. PERSONAL  ATTENTION.

The Family Court adopts a '4 step' approach to the determination of an application for final property orders (property settlement).

 

The Family Court adopts a 'four step' approach to the determination of an application for final property orders.

 

The 'four steps; are:

• Identify and value the net property of the parties (including but not limited to: assets, liabilities, partnership, redundancy and long service leave payments received, shares, interest in an estate, vested bankrupt property, a debt owed to a party the marriage, superannuation);
• Consider the contribution of the parties to the accummulation of the net property (including financial, non-financial, parent and homemaker contributions) (section 79(4) or 90SM(4) Family Law Act 1975);
• Consider the 'future needs' of the parties (including age and health of parties, income disparity, caring responsibilities, standard of living, cohabitation with another) (section 75(2) or 90SF(3) (Family Law Act 1975);
• Consider whether the proposed order is 'just and equitable', including looking at the effects of the findings under the first three steps, looking at the effects of the determinations as to contributions and section 75(2) and 90SF(3) considerations, and resolving what order is just and equitable in all of the circumstances of the case.

 

Each of the parties has an obligation to make full and frank disclosure of their current and foreseeable financial circumstances .

 

A failure to make full and frank disclosure may result in findings against that party.

 

Mathews Family Law, a boutique family law firm, is located at Level 2, 599 Malvern Road, Toorak, Victoria, Australia.

 

Lawyers at Mathews Family Law are accredited family law specialists, accredited family dispute practitioners and mediators.

 

They are particularly qualified and experienced to provide you with ethical, accurate, timely and cost effective advice on all issues arising from the breakdown of marital and de facto relationships and further relationship issues.

 

Mathews Family Law offers legal advice on:

 

• Separation and divorce
• Children and post-separation parenting arrangements (residence/custody, access/contact)
• Post separation relocation (intrastate, interstate and overseas)
  
• Child support, child maintenance, child support enforcement, international child support, working with the Child Support Agency, change of administrative assessment of child support applications
• Adult child maintenance
• Spousal maintenance
• Property settlements
• Financial Agreement and Pre-nuptial Agreements
• Asset protection and injunctions
• Family Violence - intervention / restraining orders
• Negotiation and conciliation
• Family dispute resolution (FDR /section 60I certificates)
• Mediation
• Court appearances (Family Court, Federal Magistrates Court, Magistrates Court, County Court, Supreme Court, Social Security Appeals Tribunal)

 

Please contact:

 

• Vanessa Mathews - Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner, vanessam@mflaw.com.au
• Kuppy Nambiar - Accredited Family Law Specialist, kuppyn@mflaw.com.au
  
to discuss your family, de facto or relationship law question or telephone 03 9804 7991 or email enquiries@mflaw.com.au

 

Mathews Family Law has clients living and/or working in Toorak, South Yarra, Armadale, Hawksburn, Richmond, Melbourne, Port Melbourne, South Melbourne, Albert Park, St Kilda, Elwood, Malvern, Glen Iris, Caulfield, Elsternwick, Ripponlea, Bentleigh, Brighton, Hampton, Sandringham, Carnegie, Hawthorn, Kew, Camberwell, Balwyn, Surrey Hills, Canterbury, Box Hill, Mitcham, Nunawading, Ivanhoe, Clifton Hill, Fitzroy, North Fitzroy, Carlton, Parkville, Brunswick, Northcote, Greensborough, Ringwood, Croydon, Oakleigh, Beaumaris, Williamstown, Newport, Yarraville, Footscray, Flemington, Ascot Vale, Moonee Ponds, Essendon, Coburg, Rosanna, Doncaster, Melbourne CBD, City of Melbourne, Elwood, East Melbourne, Altona, Sunshine, Watsonia, Templestowe, Burwood, Mont Albert, Blackburn, Mitcham, Ashburton, Burwood, Springvale, Gardenvale, Ripponlea, Moorabbin, Cheltenham, Black Rock, Sandringham, Mordialloc, Chelsea, Frankston, McKinnon, Ormond, Middle Park, Geelong.