When it comes to the end of a marriage in Australia, there are a number of legal processes to consider, including applying for a divorce and obtaining a property settlement. Although these processes are commonly sought together, they are distinct from one another and serve different purposes in the separation process.
A divorce application is the formal legal process of ending a marriage and can be sought jointly or by just one of the parties to the marriage. It acknowledges that the marriage has irretrievably broken down and leads to the dissolution of the legal bond between the spouses.
A successful divorce application will not in itself determine property division or financial matters between you and your former spouse.
Property settlement refers to the division of assets and liabilities between the separating parties. It aims to determine a fair and equitable distribution of the property owned by the parties, including:
- Real estate
- Finances
- Investments
- Personal possessions
Property settlement can be reached through various means such as negotiation or mediation, or through court proceedings if an agreement cannot be reached amicably.
If you are seeking assistance in family law matters, please call us on 8151 3919 to make a time to see one of our experienced family lawyers who can provide you with the necessary guidance and support throughout the process.