Property Settlement

The division of property after separation, either from a marriage or a domestic relationship, can cause significant disharmony between formerly loving spouses. If satisfied that the Court should make property settlement orders, the Court will consider:

  1. What each party has, in terms of assets, liabilities and financial resources (including superannuation)
  2. How the parties obtained those assets, liabilities and financial resources, including financial and non-financial contributions;
  3. What the parties' "future needs" are, taking into consideration matters pursuant to s75(2) of the Family Law Act 1975
  4. Whether the proposed Orders are just and equitable.

Ms Devine regularly appears in mediations and at Court to assist parties in determining financial disputes. This can also include spousal maintenance applications, whether by way of periodic payments or lump sum payments.

Each case is determined on its own facts, so Ms Devine is very careful to pay detailed attention to each part of your case.

Ms Devine has appeared in numerous property settlement cases.

One complex case involved the Husband attempting to disclaim his interest in his mother's Estate after her death. Ms Devine was successful in ensuring that the Husband was not permitted to do so. The case is reported as:

Durante & Seggio & Ors [2011] FMCAfam 77