Property Settlement Process in Divorce Case

May 22, 2024    Civillawyers
Property Settlement Process in Divorce Case

A divorce or separation is a heart-breaking time in any individual’s life. It is also the time when ex-spouses or partners need to divide their assets.

The property settlement process can seem overwhelming because the person is already going through emotional turmoil. Seeking assistance from legal professionals can simplify it. But before you get in touch with an expert, get a brief idea about the

Property Settlement Process –

1. Determining the Value of the Asset

The process of property settlement begins with assessing all the assets. Every property is identified and valued, whether it was obtained before marriage or after separation.

Remember that property does not solely refer to real estate. It can also include cars, jewellery, inheritances, and more. Each party will have superannuation benefits, which are also included in the asset pool.

But when one party has foreign superannuation benefits, they will be categorised as a financial resource. However, superannuation is usually considered separately from other assets.

2. Exploring the Contribution of Each Party

The next step in the property settlement process is assessing the financial and non-financial contributions of both parties. The contributions during the relationship, as well as before the two parties came together, will be assessed.

It helps in making adequate adjustments to the net pool on a percentage basis. The pre-cohabitation contribution is of the utmost importance in short marriages with no children.

Both financial and non-financial contributions can be direct or non-direct. Financial contributions involve acquiring the property or contributing toward its conservation and improvement.

Non-financial contributions can be something like homemaking or parenting. It can also involve improving property with manual labour, like repainting or renovating. The contributions are also applicable toward properties that are not under the ownership of the two parties.

If one party has been wasting the assets rather than contributing, the verdict will automatically be in favour of the other. An example of wasting a property can be gambling on it. But you need to come up with concrete proof that the other party has been wasting the asset.

3. Assessing Future Needs

In this stage, the court will calculate the future needs of both parties. Some areas of focus will be the age, health, and income of each party. For instance, you might need ownership of a particular property to manage the future expenses of your children. So, property settlement lawyers Perth recommend highlighting your needs in court.
The court makes several percentage adjustments to the asset pool at this stage. Adjustments are often in favour of the party whose income will be impacted by caring for and supporting the future of young children.

4. Evaluating the Outcome

The final step is understanding the practical impact of the proposed division. At times, the matter might end up in court. Usually, property proceedings are in favour of the economically weaker party. In most cases, it is the woman. However practical circumstances and judicial determination are the final factors impacting the outcome.

5. Property Settlement Outside Court

When two parties can agree on how to divide the property, court proceedings are not necessary. In such situations, the two parties can do the following:

5.1 Informal Agreements:

Making informal agreements might be time-saving, but remember that they are not enforceable in court. If your partner wants another property settlement in the future, the informal agreement will hold no value.

5.2 Financial Agreements:

These are formal documents about the division of a property. Court approval is not mandatory for financial agreements. But you will have to follow some specific rules while making them. It’s always better to seek legal advice while formulating financial agreements.

5.3 Consent Orders:

These are written agreements regarding property division approved by the court. A consent order has the same effect as a court order after a hearing. Before approving your consent order, the court will judge its fairness.


You should seek legal help with property settlement even if you are settling outside court. The best civil lawyers Perth will guide you in a way that allows a fair division of your assets. So, look for the most efficient property settlement lawyers to help you out.

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