CMS Legal - Family Lawyers


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Division of Property and Assets

CMS Legal also has a team of property lawyers in Perth who specialise in division of property and assets.

The Family Court has wide discretion in making Orders as to how it may distribute the assets, financial resources and superannuation of the parties. The Court will not make any Orders unless, in all of the circumstances, the Orders are just and equitable.

What does the Court look at when making property orders?

There are basically four steps in determining property settlement.

  1. Ascertain and value the property.
  2. Assess the financial and non-financial contributions from the parties towards the acquisition, conservation and improvement to the property.
  3. Consider the parties present and future circumstances to ascertain whether there should be adjustment to the financial entitlement.
  4. After having considered all of the above matters, the Court then has very wide discretion to make the Order that it considers proper and that in all circumstances is just and equitable.

What if we have reached an agreement?

When an agreement has been reached, CMS Legal property lawyers in Perth can advise you on the most appropriate way of formalising your agreement in order to provide security for your future.

And if we cannot reach an agreement?

When an agreement cannot be reached, our experienced staff can provide representation in the Family Court. They will also advise you of your likely property division with the aim of helping you achieve a fair and reasonable property settlement.

To find out more about what the Court will look at when making property orders, fill out our enquiry form or contact us to make an appointment with one of our property lawyers.

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