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How to Protect Assets from Divorce in Australia

How to Protect Assets From Divorce

How to Protect Assets From Divorce in Australia

Divorce or separation can be a complicated process, particularly when it comes to dividing up assets.

It is important for individuals considering divorce or separation to understand the legal rights and protections available in Australia.

As experienced family law specialists, Justice Family Lawyers are here to provide a comprehensive overview of what you need to know about how to protect your assets from divorce in Australia.


Quick Summary

  1. Consider getting pre-nuptial agreements.
  2. Consider getting loan agreements in place from money that you have received from family members.
  3. Anything that is your name could be included in an asset pool that could be divided.

Consider Pre-Nuptial a Agreements

It is important to consider entering into pre-nuptial or co-habitation agreements, that can provide legal protection for your assets during and potentially after divorce or separation.

These agreements usually occur before marriage and they can provide specific boundaries and expectations should the marriage end.

For existing relationships, a BFA could be considered. These agreements can specify how assets are to be divided between parties upon separation, and can be tailored to each person’s specific needs, interests and goals.


Consider loan agreements

It is very common for people to obtain large sums of money or property from family members or parents who are trying to support their children to purchase a house of their own.

If this is done, it is always advisablee to obtain a loan agreement from a lawyer who will be able to document the terms of the money that is advanced.

This is very important – as funds that are advanced throughout a relationship could be considered to be part of the matrimonial asset pool, and divided between the parties upon settlement.


How to Protect Assets from Divorce in Australia

In addition to understanding legal rights, it is important to seek professional financial advice.

It is important to note that the division of assets in a divorce or separation is a complex process that requires careful consideration.

A financial professional can provide guidance and their expertise to give you a better understanding of the division process and of how to maximise the value of your assets accordingly.

Divorce and separation can be difficult, but understanding legal rights surrounding asset protection can help increase your chances of a successful outcome. Justice Family Lawyers are experienced family law specialists and would be delighted to provide further guidance and assistance throughout the process.


How to Protect Assets From Divorce 1 - how to protect assets from divorce

4 thoughts on “How to Protect Assets from Divorce in Australia”

  1. If a husband wants a divorce and the family farm is tied up with the business is a partnership, company and trust with the guardian of the trust is the husband holding 5 shares and the wife 2 shares plus the wife has done everything from working on the farm, dealing with wool sales and organising the shearing teams, all the selling of produce eg: wool selling, grain selling, administration, 8 BAS/GST per year as the husband is quite illiterate she has a chronic disease plus an accident that she now has brain injuries and the husband refuses to take the wife to Dr’s appointments despite the wife’s illness he doesn’t lift a finger only by cutting wood and getting paid cash and he hides it and doesn’t buy anything for the house and is very mentally abusing the wife for years. What is your opinion on how assets should be divided taking into consideration about the past and ongoing problems between them both.

  2. My son is in a long standing de facto relationship and has a child. He bought a house in his name only and wants to transfer the title to me. They have not separated or even discussed it although the relationship is not going particularly well. If they were to separate in the near or distant future, would his partner be able to make a claim on the house if I held the title?

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