Family law
Organise the financial picture before negotiating property settlement.
A family-law property matter generally requires identification and valuation of assets, liabilities and financial resources, disclosure of relevant information and consideration of contributions and future circumstances. Individual outcomes depend on the evidence and applicable law.
Conflict clearance and written engagement are required before the firm acts.Quick answer
How is property divided after separation in Western Australia?
There is no fixed percentage. A family-law property settlement generally identifies and values assets, liabilities and financial resources, requires full and frank disclosure, and considers each party's contributions and future needs. Time limits apply after divorce or the end of a de facto relationship, so it is important to seek advice early.
- There is no automatic 50/50 split.
- Assets, liabilities and financial resources are identified and valued.
- Full and frank financial disclosure is required from both parties.
- Contributions and future needs are both considered.
- Time limits apply after divorce or a de facto separation.
Jurisdiction: Australia (federal family law).
What to prepare
- Relationship and separation dates.
- Property, bank, loan, superannuation and investment records.
- Company, trust and business information.
- Tax returns and financial statements.
- Major contributions, inheritances and gifts.
- Current income, liabilities and care arrangements.
- Existing proposals, agreements or court documents.
Risks, deadlines and common mistakes
- Delay and time limits.
- Incomplete disclosure.
- Moving or disposing of assets.
- Tax, duty and transaction consequences.
- Companies, trusts and third-party interests.
- Estate planning remaining unchanged after separation.
COMMON QUESTIONS
Frequently asked questions
Is everything split 50/50?+
No. There is no fixed percentage. A property settlement considers contributions and future needs on the facts, so outcomes vary between cases.
What is full and frank disclosure?+
Each party must disclose their financial circumstances honestly and completely. Incomplete disclosure can delay matters and lead to orders being set aside.
Are there time limits?+
Yes. Time limits apply after divorce or the end of a de facto relationship. Missing them can require the court's permission to proceed, so seek advice early.
Should I change my will after separation?+
Usually yes. Separation often affects your will, superannuation nominations and property ownership, which should be reviewed as part of the process.