Family Law Property Settlements
Am I Entitled to a Property Settlement?
The mere fact that you have been in a relationship with someone does not necessarily entitle you to a family law property settlement. There a number of factors the Family Law Courts must consider, including but not limited to, the factors outlined in the 4 step process (see our detailed article in relation to the 4 step process).
For example, in the recent decision of Chancellor & McCoy [2016] FamCAFC 256 (2 December 2016), the Full Court upheld the decision of Judge’s Turner decision to decline an application in relation to property matters.
In that matter, the couple had had a 27 year relationship but they had maintained separate properties and finances throughout their relationship. Though there had been some monies paid to one another during the relationship (for example, the Respondent paid for renovations and the Applicant had assisted with the labour for the renovations), there was no further significant intermingling of finances that warranted a property division.
The Court outlined that the following factors helped them to decide not to make any orders for property division:
- There was no intermingling of finances;
- The parties did not have a joint bank account;
- Each acquired property in their own name;
- Each remained responsible for their own debts;
- Each used their own net wages as they chose without explanation to the other; and
- There was a complete lack of joint financial decision making.
The court relied on the decision of Stanford [2012] HCA 52, which outlined that a judge should only make an order if they are persuaded it is “just and equitable” to do so.
If you would like to know whether you are entitled to a property settlement, contact Claire Naidu & Co, Lawyers and Mediators for family law advice. Click here for our contact details.
Note: This blog does not constitute legal advice and Claire Naidu & Co is not responsible for any reliance upon its contents in the absence of legal advice being provided to you in conference or in writing concerning your specific circumstances.
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