What if we can not agree on a property division?

If you can not agree on the property division then you will need to apply to the Court to have the property division determined. As part of the process you will also need to provide a full and frank disclosure by way of financial statement. A financial statement is in a standard format required by the Court. At Batey's Family Lawyers, we are able to help you complete your Initiating Application and Financial Statement and prepare your matter for hearing at Court.

Do I need to tell the court about my investment property or inheritance?

My former partner does not know about it! Yes. It is vital that you provide a full and frank disclosure of all your assets, liabilities and financial resources including future resources such as an imminent inheritance. There is case law that tells us that the Court need not concern itself with fairness in making property orders if a full and frank disclosure is not provided.

What percentage split will I get?

This will depend on a number of factors including:

• Are there are minor children of the relationship living with you?
• Are you able to support the children and yourself?
• What were your contributions to the assets of the relationship? These contributions may have been monetary or non monetary (such as provision of home duties).

It is vital to provide a full and frank disclosure of all assets, liabilities and financial resources that you have available as the Court can penalise people who do not provide a full and frank disclosure by making orders that are unfavourable to them.

To understand the likely split of assets you will need to discuss your particular circumstances with a lawyer. To obtain consent orders, you can reach an agreement with your former partner about what the split of the property should be and this is documented in consent orders. The court will review the proposed orders to ensure that they are fair and reasonable for all parties, given your particular circumstances.

What are consent orders?

Consent orders are orders that are agreed between the parents. They are made by agreement. You will need to have a lawyer draft the consent orders to ensure that they comply with the legal requirements. It is vital that a full and frank financial disclosure is provided by each party. In approving the consent orders the court will need to ensure that the division of property is fair and reasonable in the circumstances taking into account the ability of the spouse to support themselves and the children, and the division of property. Once a consent orders is sealed (approved) by the court they are binding on all parties and it is important that you comply with the orders.

What are court orders?

Court orders are any orders that determined by the court after the court reviews evidence of your particular situation. The court will need to ensure that the division of property is fair and reasonable in the circumstances taking into account the ability of each of you to support yourselves and the children, and the overall effect of the proposed division of property. You will need to have a lawyer draft the orders to ensure that they comply with the legal requirements. Once a court order is sealed (approved) by the court it is binding on all parties and it is important that you comply with the orders.