What Happens To My Property When I Get A Divorce?

/ / Family Law

Nobody desires seeking a divorce after being married as we all look forward to a marriage that will last a lifetime. However, when there is need to divorce, there are a number of questions that will come to mind. One of such questions is, “what happens to my property when I get a divorce?”

Divorce can be a complex area of family law. Divorce also means that the properties you both shared previously must be divided. Deciding who should get what can quite be a challenge, even under the most pleasant of situations. Particularly if there are important properties such as buildings, rental property, pension plans, etc. While the assets acquired by either spouse before the marriage (separate property) can continue to be the property of the genuine owner. This is virtually everything owned during the marriage and before the separation (marital property) are eligible for division upon divorce.

Free download: Your Guide To Property Settlement

In sharing marital property, there are two main systems that are usually employed. These include:

Community property

All property acquired during the marriage are subject to a 50/50 split.

Equitable distribution

Marital property takes into account the length of the marriage, the earnings capacity of each spouse, custody of the children and other relevant factors.

Since the marital property will be divided in accordance with your state laws if your divorce, you should consider entering into a prenuptial agreement with your spouse before marriage, especially if either of you expects to earn a significant income.

If you are getting a divorce, you may want to speak with a divorce lawyer about your marital property options, including drafting your own settlement agreement with your ex-husband. For more information about this topic, you can download our free Your Guide To Property Settlement eBook.

For further advice on property and divorce, contact Armour Allen Lawyers at your convenience. We also offer a first interview free at no cost and no obligation.

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As from 1 July 2019, our combined firm will be conducting its practice as Alex Mandry Legal Group. This is a most exciting time for our firm and a new direction.

Alex Mandry Legal Group is a new firm with experienced lawyers, practicing in all areas of law. The services and values provided at Armour Allen Lawyers will continue to be offered Alex Mandry Legal Group. Visit www.alex-mandry.com.au to find out more.

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