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Frequently Asked Questions
If you need information about property settlement after a divorce or separation, our FAQs below answer the most common questions.
What are my de facto relationship entitlements?
Provided that you lived with your former partner for at least two years on a genuine domestic basis or otherwise qualify as a de facto relationship under the Family Law Act 1975, your entitlements to the property of the relationship will be worked out using a four-stage test established by the Court. We are experts in implementing this test to provide you advice on your entitlements which are assessed on a case-by-case basis. Contact us to find out more.
Will I get to keep my pet?
You may love your pet like one of your children, but family law treats pets as personal property. There are no custody or visitation rights.
They will form part of a property settlement, just like jewellery and other valuables. We can help you settle any pet issues with your former partner.
Will my inheritance form part of the property settlement?
If you inherit money or assets before separation, the law may consider this a financial contribution by you to the relationship.
If you inherit after separation, you may have a convincing argument that you should be able to keep the whole inheritance.
Inheritance laws will apply. How those laws will affect your situation will depend on whether you’re married or in a de facto relationship. If it’s likely that you or your former partner will inherit from a deceased estate, it’s worth getting legal advice to work out where you stand.