In considering a property settlement between married couples the court considers: -

1. The asset pool,
2. The past contributions, both financial and non financial;
3. The s75(2) factors which are a consideration of the future for each;
4. How the asset pool should be divided to be fair to the parties.

If you are able to reach a settlement by agreement then the agreement can either be in the form of formal consent orders or a Binding Financial Agreement. The most appropriate agreement for your circumstances depends on many factors. We can advise you about the most appropriate method of formalising any agreement reached.

If you need to go to court, there are two specialist family law courts:

• the Family Court of Australia; and
• the Federal Magistrates Court of Australia.

We are familiar with both, and will advise you which court should deal with your application.