Just and Equitable Threshold
Prior to 2012, the framework to determine property adjustments involved a four-step process.
Since the High Court case of Stanford & Stanford (2012), there is now also a “just and equitable” threshold which must be satisfied before the four-step process is applied.
The factors to consider are:
Four Steps to Determine Property Adjustments
The four steps to determine what you are entitled to in relation to property are:
The Court has a wide discretionary power based on the facts of each case. For this reason no one can truly say that you will be entitled to an exact percentage split.
Family law solicitors often work on a range of 10% to cover the discretionary nature of court proceedings in relation to property.
Some Common Matters
Within each of the above steps there are numerous factors to consider.
Other common issues that come up in property matters include:
We can help you with:
“I wish to thank you for all your efforts on our behalf. Simply thanking you doesn’t cover the difference your help has made, not only to our lives, but importantly to the long term prospects for [name of child removed].
The work you have put in and, I believe, the emotion you invested, goes way beyond the solicitor-client contract. We are enormously grateful.”
[Name of grandparents in Brisbane removed, 19 June 2020]
This case involved both family law and domestic violence.
“Dear Duc and the staff at Freeman Lawyers
Your dedication to clients and the hard work you’ve done for me almost daily has not gone unnoticed and will never be forgotten.
This went on for me for a long time and thank you for all the hours and work you put in to win this for me and [name of child removed].
I always had complete faith you would deliver me the best outcome.”
[Mother/Wife in Brisbane, June 2020]