Are you in the middle of a property dispute with an ex-partner?
This can be difficult and heart-wrenching but there are a few ways that the Courts try to help.
At the beginning of the case, there are a number of ways available for both parties to access and disclose all relevant financial matters. Both sides are required to complete a number of documents for the court which include a statement of assets & liabilities. Both parties can issue subpoenas to the other or banks etc which may reveal unknown bank accounts.
The Court only makes orders when it is satisfied that they are just and equitable for all parties, in the circumstances.
These orders are based on some general principles. You work out your assets and liabilities; so what you’ve got (including superannuation) and what you owe; and what they are worth. The Court also looks at the contributions made by both parties during the relationship such as financial payments, improvements to any property, gifts or inheritances, and non-financial contributions such as upkeep of the home. The Court also looks at your future needs like your health, your age, the care of any children and your financial resources.
Where it is helpful, most parties are encouraged to reach agreements without a court hearing.