When Divorcing or Separating – How to Split Your Assets

May 3, 2024    divorcelawyersperthwa
When Divorcing or Separating – How to Split Your Assets

Getting divorced and being separated from your significant other is difficult enough because of the end of the relationship, family, and other stress. The last thing you would want to do is to handle the money matter. However, it is one of the most important aspects that you need to take care of during divorce or separation.

Debts and assets are two of the most challenging aspects of a divorce. This difficult procedure needs meticulous communication, planning, and legal guidance. To finalize a divorce, a couple must take the initiative to write up a legal document to show how they have split their assets. And you do not want to make a mistake on this.

That is why hiring divorce separation lawyers in Perth is the best step forward in doing things right! In this blog, we will take a look at how you can split your assets during a divorce.

Types of divorce

Before we move forward, here are some different kinds of divorce that you need to know:

  • Contested divorce

Divorces can be contentious, and agreeing regarding who gets which things is not always as easy as it seems. In such scenarios, the proceedings of divorce go to trial, where a judge is responsible for dividing the assets based on the evidence presented and applicable laws in the court.

Oftentimes, getting to trial is considered more of a formal and adversarial process. There, every party presents their case. It is considered an expensive option.

  • Uncontested divorce

The option of divorce has a cooperative approach that might or might not involve divorce lawyers. However, having a divorce lawyer in Perth on your side will always be beneficial. The couple going through the divorce discusses writing up a plan, which they both approve. If the court finds it legal and fair, it becomes an official part of the divorce settlement.

  • Litigated divorce

In case both of the spouses cannot come to an argument or solve their issues independently, they have the option to go to court and pursue a litigated divorce. In this kind of divorce, a judge will make decisions regarding asset division and custody.

  • Arbitration

Arbitration is somewhat identical to mediation. However, there are many crucial differences. The biggest one of them is that the arbitrator has the legal authority to create and approve an agreement.

  • Collaborative divorce

In a collaborative divorce, each of the spouses engages collaboratively. In this divorce, the main idea is not to involve the court in your divorce. The lawyers make every attempt to resolve the issue and settle an agreement.

How are assets divided during a divorce?

Divisions of properties between a married couple and distribution of assets in De facto relationships are a complex matter. Here are some of the steps to split your assets:

Make A list

Every one of the assets acquired after your marriage is considered marital property, and they are supposed to be split between the spouses. You need to make a list of the assets that you and your spouse own.

Prepare Asset values

After that, you are required to get a valuation approval for all of your assets. Make no mistake that a qualified and certified valuer with expertise in family law should do it. Don’t fret; a divorce lawyer will suggest a suitable solution based on the situation.

Assess Contributions

It is time to assess the contributions each party has made to this relationship. From direct financial contributions to inheritance, there are a lot of things you need to go through. Therefore, having divorce separation lawyers in Perth to guide you through this process is a great idea.

Gauge Future needs

After that, you are required to assess the future needs as well. Your health, age, income, and many other factors contribute to this. A decision should consider the future needs of both parties.

Agreement negotiation

As soon as you gather all the required information about the valuation of assets and outline each of the party’s needs, it is time to negotiate between both parties to reach a stable agreement that works for both.


In conclusion, navigating the division of assets during a divorce or separation can be a challenging and emotionally charged process. However, by approaching it with clarity, communication, and a focus on fairness, both parties can reach a resolution that allows them to move forward with their lives. Whether through mediation, negotiation, or legal guidance, finding a solution that considers the needs and interests of everyone involved is paramount. Remembering to prioritize long-term financial stability and emotional well-being can help pave the way for a smoother transition into this new chapter.

As soon as an agreement is reached between the parties, it must be drafted into the final agreement, which both individuals will need to sign. Everything will be checked by a divorce lawyer in Perth to make sure all the requirements are met.

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