How do you determine how to divide the assets and liabilities?
No two asset pools are the same, so specific advice from a legal professional is paramount however we generally start with a four-step process.
First, we identify the asset pool by looking at the assets, liabilities and superannuation of the parties of the relationship. Next, we look at contributions of the parties. Such contributions are usually classified as being financial (such as being the primary breadwinner or gifts and inheritances), non-financial (such as skilled labour improvements to the family home) or as homemaker and parent.
The third step is consideration of the future needs of the parties. Whilst the final step seeks to ensure that any settlement between the parties is just and equitable.