When Making a Property Settlement Order, What Factors Does the Court Consider?

May 19, 2023    propertysettlementlawyersperthwa
When Making a Property Settlement Order, What Factors Does the Court Consider?

Property settlement is a legal agreement that outlines asset distribution among two or more parties. Under the guidance of building dispute lawyers, you can build up such contracts to avoid complications with your siblings, spouse, or business entities.

Improper property distribution has had vulnerable reactions. Frequent disputes, complications, and other consequences can take away your peace. Even with an agreement, a party can breach the rules or fail to comply with the obligations. As a result, you would end up losing your property.

Therefore, the lawyers can help you create an organized agreement that would also include the distribution of debts. They can work neutrally to work in your and your opponent’s mutual favor. You can know the elements associated with property settlement. Here are a few ideas.

Why Do You Require Property Settlement?

The most straightforward answer to the question is to avoid disputes. Whether your property complication is with your siblings or former spouse, you must resolve it before it becomes vulnerable. It would give you a peaceful future without destroying your relationship with the other party.

Furthermore, when choosing divorce, you must split the assets and property acquired during the marriage. A property settlement contract can help streamline the process. It clearly specifies how the assets should be divided. It also portrays which party can obtain which asset. The document is officially negotiated in the presence of two parties. The mediator must be neutral, and each party’s statements should be valued.

But even after establishing a well-written document, fraud or complications can happen. If your present circumstance resembles this, you must immediately take the matter to court. Property settlement lawyers Perth can help you in all possible areas.

What Are the Main Elements of Property Settlement?

It is a lawfully obligatory document including the fundamental provisions to split assets, property, and financial obligations. It can occur between spouses after divorce or siblings after the death of parents.

However, fraud and contract breaches are prevalent in property settlement cases. In that case, taking the matter to the court would be a fruitful decision. But you need to know which elements would be considered by the court. The following elements are the most common ones.

Identification of Assets

The court would consider all the assets and liabilities of both the parties. It incorporates personal property, real estate, bank accounts, vehicles, investments, and other assets. The court

also documents debts like loans, credit card debts, and mortgages. Thus you must include the details regarding your assets in the agreement.

Division of Assets

The court also provides its decision on how the assets should be divided. It includes the obligation of assets and property for each party. It also revealed how debts would be settled. It considers the contribution of each party and makes its decision accordingly.

Child Support

If a minor is in the case, the court also examines child support provisions. The custody of the child is mandatory for nurturing their future. Thus the court also considers child care. The building dispute lawyers can also help you prove your eligibility to provide for the child.

Tax Implications

The court also reviews the tax implications of the financial settlement and the property. Tax treatment of child support payments and alimony are included in it. Often it involves the tax consequences of property transfers.

Retirement Accounts

The retirement accounts are also taken into consideration in case of such a dispute. The court will count on the retirement beneficiaries as well. Also, the court would check the financial conditions of the parties before coming to a finalized decision.

Binding Effect

The agreement must include the binding effects of both parties on the property. They make the work easier for the court to understand individual contributions. Eventually, they can divide them efficiently.

Date of Execution

A property settlement agreement date must be specified. The court should know the date when you and your opponent have signed the agreement.

Signature of Parties

Both parties must sign the contract. Otherwise, it would be of no value. The court will only accept the contract if both parties and their lawyers have agreed to this. Therefore, you need solicitors to work as your witnesses as well as guides.

The factors mentioned earlier are the main ones when the court tries to revise the agreement. When there is a child, the decision-making becomes more vital. Therefore, if you want someone to be present on your side, it is definitely the property lawyers.

What Considerations Does the Court Take?

When you drag the matter to court for resolution, the court checks a few things. It can result in exceptional rules as well. The following are the main considerations taken by the court for finalizing the agreement.

  • The character of each party.
  • The interest of the child.
  • Their financial standards.
  • Their capability to take the child.
  • Their ability to afford their living.
  • Future needs of the parties.
  • Whether any of them have health issues.

The decision maker from the court will consider the mentioned factors in order to judge your agreement. Settlement of property is crucial as it can derive conflicts in the future. The court tries its best to avoid disputes.

But it can only sometimes work in your favor. You must collect compelling evidence to prove your capabilities to the court. Or you can choose the easy alternative of hiring a lawyer. They would ensure your issue can get solved fast. They can accomplish all the investigations and evidence gathering so that you can relax.


In conclusion, building disputes are widespread among siblings and separated parties. Property is a valuable asset, and each party has equal rights to it. But when there is no fixed will, it often becomes complex. Property settlement lawyers in Perth can keep you out of the complexities. They can accomplish all the potential work on your behalf.

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