How to Apply for a Property Settlement After a De Facto Separation in WA

Property division may be one of the most complicated and emotionally charged issues to solve when a de facto relationship collapses. De facto couples in Western Australia are recognised under the Family Court Act 1997 (WA), implying that they can request property settlements in a similar manner to married couples.

Knowledge of the process and the role of hiring an experienced de facto property settlement lawyer can guide you through this step with clarity and confidence.

What Is a De Facto Relationship?

The first thing that should be determined before making an application for a property settlement is that there should be a de facto relationship. Gender aside, the general assumption in terms of the law of WA is that a de facto relationship is one where two individuals are cohabiting as a couple on a proper domestic foundation.

The Family Court can also take into account:

• The duration of the relationship.
• The existence of children.
• Monetary and non-financial contributions by each party.
• Acquisition, possession and ownership of property.
• The interpersonal commitment to everyday life.

It might be necessary to seek the advice of a de facto relationship lawyer when the matter concerns whether the relationship is legal under the law.

Time Limits for Applying

It is also worth pointing out that de facto couples in WA should make a claim of property settlement within two years of separation. Failure to meet this time limit may result in the need to request special permission from the court, which is not always easy to get. This is among the reasons why most individuals resort to property settlement lawyers Perth once separation arises, making sure that no deadline is missed and the rights are not infringed.

How to apply for a Settlement of Property

1. Attempt Negotiation First

The initial action in most instances will be to attempt to settle the issue out of court. A direct discussion, mediation or lawyer-to-lawyer negotiation may do this. A lot of family law lawyers Perth WA would recommend alternative dispute resolution, since in many cases it is faster, less stressful and less expensive than a court case.

2. Apply to Family Court

When negotiation does not work, you might be required to apply to the Family Court of Western Australia. This application will detail your claim as to the division of property.

3. Provide Full Disclosure

It is the law that both sides must disclose all available financial information that is full and honest, i.e., income, assets, liabilities and superannuation. The non-disclosure of the same may result in penalties or overturning of an unfair settlement.

4. Court Assessment

The Family Court has a systematic procedure for the determination of property settlements. The court will:

• Determine and appreciate the property pool.
• Evaluate the contributions made by each of the parties, both financial (e.g., income, purchases) and non-financial (e.g., homemaking duties or parenting).
• Take into consideration the future requirements of both parties, such as income-earning ability, age, ailment, and childcare duties.
• Make a just and equal division.

This may be a complicated process, and that is why the advice of the top family lawyers Perth may be important.

Why Hire an Attorney to Settle the Property?

Divorce may be a complicated endeavour that requires the help of an expert. The most effective property settlement attorneys are the ones who not only clarify your rights but also assist in developing a good case. Whether it is through negotiating settlements or appearing on your behalf in the Family Court, de facto lawyers are playing a significant role in helping to safeguard your interests.

When handling complex assets like businesses, trusts, or numerous properties, the presence of the best property settlement lawyers can make all the difference. The experience will enable them to foresee obstacles and develop effective strategies that apply to your situation.

Final Thoughts

The process of property settlement following a de facto separation in WA can be tedious, but you do not have to do it on your own. When you have the assistance of a de facto property settlement lawyer, you are able to go into negotiations or court proceedings with confidence.

With the help of the best family lawyers and de facto relationship lawyers, it is possible to be sure that every aspect is taken into account, including the financial input and the future requirements. It may be recommended to approach the best family lawyers Perth as soon as possible in order to get the legal advice and assistance to achieve a fair and just result.