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ARTICLE · 26 APRIL 2016

Being impartial on partial property settlements

Partial settlements are interim distributions to fund your expenses while you wait for your final property settlement.

AustraliaFamily and Matrimonial

Commencing Family Court proceedings can be daunting – not only because it's an emotional time in your life, but because of the high legal fees that can result from what can be a long and drawn out process.

You might wonder, how will I be able to pay for a car, or replacement furniture? How will I pay my pressing debts? Or my legal fees?

In some circumstances, the Court will permit you (and/or your spouse) to receive advances of funds along the way. These advances are to pay for things which you might need in the short term or to pay a pressing liability or for your legal fees. They come out of the marital pool of assets, and are known as 'partial property settlements.'

The word 'partial' refers to the fact that these advances are not full and final property settlements. That will come at the end of the family law process (either at a final hearing, or a final settlement agreed between you and your spouse). Rather, they are interim distributions to fund your

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