One of the most stressful aspects of separation and divorce is the financial and property issues. Marriages in Perth that had lasted several years and those that had a short period can have different ways in the division of property depending on the circumstances. This area of law in Western Australia combines both federal and state regulations, as noted in the Family Law Act 1975 (Cth) and the Family Court Act 1997 (WA).
This blog gives the essence of the differences between long marriages and short marriages in terms of property settlement and why using the best property settlement lawyers is essential.
A property settlement refers to the legal division of assets, liabilities, financial resources, and superannuation after a couple ends their relationship, whether by divorce or separation. This includes the family home, investments, vehicles, debts, businesses, and super funds. It applies to both married couples and those in de facto relationships.
In Western Australia, parties typically aim to resolve a settlement by agreement. If an agreement cannot be reached, the matter may proceed to the Family Court of Western Australia.
In the division of property, the courts consider a broad array of factors. They examine:
All these factors should be considered irrespective of whether the marriage was long or short. However, the balance of these may vary depending on the time of the relationship.
In legal terms, a “long marriage” is not defined by a specific number of years but generally refers to many years together, often more than a decade. There is no rule that a long marriage results in an equal division, but the courts often view contributions differently over time.
Because of this complexity, getting advice from family lawyers Perth WA who understand how long-term contributions and future needs influence outcomes is especially valuable.
A “short marriage” typically refers to relationships of a relatively brief duration, often considered less than five years in many family law discussions. In these cases, how property is treated may be different:
For these distinctions, it is essential to consult experienced top family lawyers Perth who can assess your unique situation and manage expectations.
Timing is one of the most important aspects of property settlement in Perth and around Australia. Failure to meet any deadlines associated with property settlement means that you lose your right to seek a property settlement. This is further reason of why it is critical to retain a property settlement lawyer at the beginning of the process. You should be able to take action quickly and avoid limiting your legal options by waiting too long.
Cases involving property settlement can be complicated and emotional. Attempting to operate in a legal system with no assistance is likely to result in unfair consequences. This is the area the family law solicitors Perth enter.
A good property settlement lawyer will:
Seek out attorneys who have extensive experience, good communication skills and a track record of successful cases. The right team of Perth family lawyers can provide the support and advocacy you need.
There are no cases that are the same. A long marriage may result in more balanced treatment of the asset division, whereas a short marriage focuses on personal contributions. Taking early and informed action with a property settlement lawyers Perth ensures your rights and interests are protected.
Do not wait for deadlines to pass, seek expert legal advice and take control of your future.
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