Can A Wife Claim Property After Divorce In Australia?

February 22, 2024    divorcelawyersperthwa
Can A Wife Claim Property After Divorce In Australia?

A divorce is simply the dissolution of a marriage where the distribution of property comes afterwards. In Australia, The Family Law Act of 1975 governs all divorce proceedings, including the distribution of assets and property. According to this act, the court makes equitable and just orders in all circumstances.

All property claims after divorce are guided by law, so it’s advisable to consult the best property settlement lawyers Perth as soon as possible. This article explains how wives can claim property after a divorce.

How is property divided after a divorce?

When dividing property and assets between spouses, it is important first to determine and designate what properties fall under the marriage. These include all assets, liabilities, and property incurred at the time of marriage, regardless of whose name it is under.

These can also include inheritances and gifts that were received during marriage. Based on these, the court will look into the following factors.

  1. The financial and non-financial contributions the spouses have made during marriage. These include your income, contribution to raising children, if any, maintaining the home, etc.
  2. The court will also go over and assess how either party can maintain themselves after divorce based on their needs, earning capacity, health, age, disability, etc.
  3. The resources that each party has at their disposal, like individual and independent income.
  4. Their parental responsibilities if they have children.

Does the wife have specific entitlements during divorce?

In Australia, neither partner has any specific, preordained split they’re entitled to. Divorce property settlement Perth is determined on a case-by-case basis, looking at the unique conditions of each marriage.

At the time of divorce, the wife will be entitled to an equitable and fair share of the properties, assets, and resources acquired during marriage. These can include:

  • Savings
  • Investments
  • Vehicle
  • Housing
  • Superannuation

All of these are considered during the representation of clients by property settlement lawyers Perth, who are responsible for putting forward their cases.

Is the wife entitled to spousal maintenance?

After the division of assets, the wife or either spouse may also be entitled to spousal maintenance. This is the financial support that one party is supposed to pay the other after their divorce to help them maintain a proper standard of life once the divorce has occurred. This is mostly viable if one of the spouses does not have an independent income of their own or their income is insufficient to support a property living standard.

The courts consider either spouse’s financial conditions, earnings or lack of earnings, property, and needs to determine the amount. This also takes into consideration the health requirements of the spouse and if they are capable of earning for themselves in the future.

Is superannuation divided after divorce?

The Family Law Amendment Act of 2020 ensures that all married and de facto couples can divide their superannuation after divorce or the breaking down of their relationship. This act ensures that both married and de facto couples are treated equally by law when it comes to the division of property and assets, which includes the super.

This is the retirement fund or benefits that a company sets aside to provide their employees at the time of their retirement.

How can the wife claim money or property after divorce?

As a legal termination of a marriage, there are various ways in which the wife can claim property or spousal maintenance after a divorce has already been processed. Courts allow property settlement claims up to twelve months after terminating a marriage.

In some conditions, spouses can make claims even after 12 months if:

  • Their partner did not disclose their assets truthfully
  • The partner coerces the wife to agree to the terms of the settlement
  • The wife was threatened or intimidated into accepting the terms
  • The partner was dishonest about information that they knew

In all these conditions, the wife should contact competent Divorce Lawyers Perth WA, as soon as possible to get a fair share of the property and assets they are entitled to.

Hiding property is a crime that can backfire on the partner later as they will be required to pay their dues through “adjustments.”

Summing up

Depending on each case, property settlements after a marriage is terminated can be tricky to navigate. It’s always advisable to contact the best divorce solicitors Perth to represent your case so that you get to claim the shares that you rightfully deserve.

If you are facing a similar issue, get in touch with the best divorce lawyers in Perth for speedy resolutions today.

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