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How the court decides on property at divorce or separation occurs

The court divides the property in whatever way it thinks is fair and they have a wide power to enforce their decisions which must be just and equitable. No two cases are the same and each person should get independent legal advice on their case from a lawyer who specialises in family  law property.

How the court makes the property division decision?

  • First, in determining property disputes, the court first identifies the net value of the combined assets.
  • Then, the court considers the contributions each person has made to the property and their future needs.

There is no rule that property should be equally divided according to a 50/50 formula.
A person will not necessarily get half of everything, or be able to keep those things in her or his name that she or he paid for. It all depends on each person’s contribution, their needs and what is just and equitable.

How the court decides on property at divorce or separation occurs?
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