Property Settlements

Property Settlement. An agreement entered into by a Husband and Wife in connection with a Divorce that provides for the division of their assets between them. Property settlements can arise through agreement of the parties, subject to approval by the court, or by court order.

People seek the help of the Court to settle property disputes when they are unable to agree on how the property is to be split after separation. The term “Property” includes real estate, investments, vehicles, furniture and can even include superannuation.

Steps towards resolving your dispute
Pre-action procedures
Before you can apply to the Court for a property order, you are required to attempt to negotiate a solution with the other party by participating in dispute resolution.

Applying to the Court for a property order
If you are unable to reach agreement through dispute resolution, or are unable to participate, you may make an application to the Court. For more information about filing an application, you should download the “Property Orders Kit” from the Family Court website.

The Procedural Hearing
In general, when one of the parties files an application, you will be allocated a Procedural Hearing. If your case also involves children’s matters then the Procedural Hearing will be held after your Case Assessment Conference.

The Conciliation Conference
The next Court appearance is usually a Conciliation Conference. At the Conciliation Conference you will work with a Registrar to try and negotiate a solution to your dispute. The Registrar may prescribe you with procedural orders setting out what you and the other party must do to prepare for the next stage in your case.

The Readiness Hearing
If your case is not resolved at the Conciliation Conference, your matter will be listed for a Readiness Hearing where it will be decided if your case is ready for trial.

The Trial
The trial is where the Court will decide on the final order. You will be given the opportunity to state your case and submit evidence to the Court. For more detailed information about the trial process , you should read “A guide to representing yourself in the Family Court of WA.”

The order
As a Court Order is a legally binding document, you can apply to the Court to have the Order enforced if someone breaches it. To download a Contravention Kit, see the Family Court website.