DIVIDING PROPERTY IN PERTH

Applying for a property settlement in the Family Court can take a long time and be expensive. It can take more than 18 months before your property case is ready for a trial hearing, and you then may have to wait many more months before you get a final decision from the court. It can be very stressful and hard for families, this is always best to discuss with an experienced family law firm 

The family law court tries to get couples to make their own arrangements to divide property after separation. In most cases, you must have made a real attempt to resolve your property dispute before you can start a case for property orders in the Family Court. 

The law about property settlements can be complicated and you should get legal advice before signing any agreement, starting a property case, or applying for consent orders.

At WA family Law we will help you understand when you can start a case for property orders in the Family Court. 

Before you can start a case for property orders, you normally need to have made a real effort to reach an agreement with your former partner. This can involve direct negotiation with the other person (perhaps with help from a lawyer), or participating in mediation or conciliation. 

The family law court does not say you have to use a particular style of dispute resolution before you can start a case for property orders. Using a Family Dispute Resolution service is one way to show you have tried to reach an agreement about property issues, but it is not the only thing you can do, it is always best to talk to your lawyer first about this .

In such a case that you can come to an agreement, it is a good idea to draft up that in a written agreement. Some banks and other organisations might ask for a formal court order before they can transfer or divide property. 

You and your former partner can make your agreement legally binding and enforceable by both signing an application for consent orders from the Family Court. If the court thinks that the agreement is fair, it will make property orders that reflect your agreement.

You should get legal advice before signing a written agreement or applying for consent orders to divide property.

In most cases, you need to take certain steps, called pre-action procedures, before you can start a property case in the Family Court. 

Wa Family Law can help in all the required steps and help make it as simple as possible for you.