- Last Updated on 09 May 2013
What is property?
The matters set out in the Family Law Act 2003 include:
- Your financial circumstances
- Financial resources
- Your contributions
You will need to briefly state matters relied upon in light of your:
- Financial contributions
- Non-financial contributions
- Contributions to the welfare of the family.
Documents that you need
Documents you should take to your lawyer (if you are represented) and to the Family Court Registrar who will convene the Conciliation Conference (as the first Court event in property cases):
- Marriage certificate and birth certificate of children
- Pay slips
- Tax returns
- Bank statements
- Property evaluation
- Asset valuation
- Household expenses (water, electricity, rental, rates, vehicle etc.)
- Details of debt ( e.g loans, credit card, mortgage, rent, vehicle etc.)
It is important that you set out your proposals to resolve your financial and property disputes before the Conciliation Conference is held (see the Conciliation Conference Information Sheet ).
Property settlement under the Family Law Act 2003
If you are or were married, you can apply for property settlement. Defacto partners can also apply for property distribution.
The Family Law Act encourages parties to reach agreement over property. Once an agreement is reached, the agreement must be written and signed by both the parties. If this agreement is not followed you can ask the Court to enforce it.
You can apply for property settlement when applying for divorce or before or after divorce. Once you are divorced, you must file an application for property order within two (2) years on receiving your Final Orders for divorce.
If you wish to apply for property settlement, download Form 8 or ask for a copy from your nearest Court Registry.
Property Settlement by agreement
Once an application for property settlement is made, your application is first listed before the Family Court Registrar where the Registrar will conduct a Conciliation Conference. In the Conciliation Conference you, your former spouse and any lawyer involved will discuss the settlement with the Registrar.
Once settlement is reached, the agreement is drawn up by the lawyers representing you. If you are not legally represented, the Agreement is drawn up by the Registrar. The agreement is submitted for the Court for Orders to be made.