Property Settlement FAQs

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The answer is right here. Some people navigate their separation with help from friends and loved ones. Others just need a bit of help to get them going in the right direction. We can refer you to counsellors who can help with the personal and emotional issues that can arise after a separation.

Navigating parenting after separation can be hard. Family Dispute Resolution Practitioners and mediators can help you find a way forward.

Opening up a conversation can be difficult. A mediator can set up meetings to allow you both to engage with each other and discuss your concerns in a supportive environment.

Once you have reached agreement about property settlement issues, you can lodge an Application for Consent Orders with the Family Court of Western Australia. You can also use a Financial Agreement instead of court orders. There are some complexities with this document, so we also recommend getting legal advice about this option.

If real estate is held in joint names, and the agreement is for one person to be the sole owner, the consent orders can provide a transfer of that real estate from the two owners to a sole owner. If you arrange that transfer through court orders or a Financial Agreement, there is a nominal amount of Stamp Duty payable. If you do such a transfer without court orders or a Financial Agreement, you will pay ad volorem stamp duty (i.e. a percentage based on the value of the property.

 Getting good legal advice at the start is crucial. It is essential to get an idea about what a fair outcome looks like. Getting advice does not necessarily mean that you head towards litigation in court. Sensible advice should guide you towards resolving issues amicably.

Sometimes, in parenting matters, there are urgent risk issues, so good advice early is essential. 

Sometimes, it is necessary to go to court to get orders to protect a party or children. Once that happens, it is still possible to look at other ways of resolving the issues in dispute. 

The Resolution Alliance always suggests using a settlement agent if the agreement involves transferring land (real estate) or discharging a joint mortgage and the payment of any amount to the person transferring their interest in the property to the other party. Documents must be lodged with Landgate, and settlement agents can make sure that happens in a timely fashion.  

The Family Law legislation refers to a "Family Dispute Resolution Practitioner". That is a person who can offer mediation where if the other party does not attend, or you both attend but can't reach agreement, they can issue a "certificate" that would allow you to go to court with a parenting application.  

Child Consultants and Counsellors can help with practical co-parenting techniques and often work with people in the background while they are trying to resolve issues with the help of mediators or lawyers.