What about all our assets?
One of the most common myths when it comes to considering a property settlement is that marital assets must be divided equally between husband and wife.
However, there is no automatic entitlement to any property, let alone an equal division. There are a number of considerations the Family Court takes into account in determining how the assets of a relationship should be divided.
Firstly, the court considers whether it is just and equitable to make any order for an “adjustment” of property in the first place.
Steps in undertaking your property settlement
In considering whether it would be just an equitable and if so, what orders to make, the court adopts somewhat of a 4 step process: