Division Of Property In The Family Court


After separation if you and your spouse or partner are unable to agree on how to divided the assets of the marriage or relationship you may need to make an application to the Family Court of Western Australia.

How does the Court divide assets of the relationship/marriage?

In determining a property settlement application the Court will follow a four step process:

  1. Identify and value the assets and liabilities of the parties.
  2. Assess the contributions made by each party and decide what percentage of the property each party should receive based on the contributions of both of the parties.
  3. Make any further adjustment to ensure the settlement will be fair and to make a clean break in the parties’ financial relationship (when practicable).
  4. Determine whether the resulting division is just and equitable.

At the end of a case, the Court may make a legally binding order as to the division of the matrimonial or relationship property

Do I need to go to Court?
You do not need to go to Court, in fact it is usually better to resolve problems away from the Court.

The Court expects prospective parties to try to resolve their dispute before they make an application to the court. Failure to do so may result in a costs order against you.

What do I need to do before filing an application in the Court for property division?

– participating in dispute resolution services such as mediation, counselling, negotiation, conciliation or arbitration;

-complying, as far as practicable, with the duty of disclosure.

What if I can’t reach agreement with my spouse or partner?

If you cannot reach an agreement through dispute resolution, or you are unable to participate in dispute resolution, you may make an application to the court.

To do this you will need to lodge an application at the Family Court of WA Registry.


Patrick Legal Perth Family Lawyers can assist you from mediation to making an application to trial. Call now for a discounted initial consultation. Tel: 9276 7031

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