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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43493
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Whats the easiest way to sort out property when you

Customer Question

Whats the easiest way to sort out property when you separate
JA: What state are you in? It matters because laws vary by location.
Customer: Western australia
JA: Has anything been filed or reported?
Customer: No ive just been paying for property's for last year and half we have a private agreement with our childern aswell we still communicate pretty good
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 2 months ago.

Good Morning.

There is no simple way unless you both agree.

The law applies the following 4 steps and in WA if you are not married but only defacto your superannuation is not included in the split unlike all other states where it is. If you are married then the super is included in the split. The steps are

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

If you reach and agreement is done by consent so you do not have to go to court and fight about it is done by the Registrar looking at the papers.

I hope this makes sense and is of assistance. if there is nothing further

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards

Leon