When are we able to divide our property and move on
with our lives?
If you are married, despite common misconceptions, you do not
have to wait until you divorce to commence property proceedings if
you have finally separated from your significant other. Similarly,
if you are in a de facto relationship and you separate, there is no
minimum time you do not have to wait to sort matters out.
In fact, if you get divorced or separate from a de facto
relationship, then you will actually have to commence property
proceedings within a certain maximum time limit.
The value of assets in property settlements are assessed at the
time of trial, or in other words, the latest possible point in time
at which they can be judged. This means that, if you need to divide
property with a separated spouse, then it is probably best to do so
as quickly as possible, so that any subsequent earnings or
appreciation in assets do not face the risk of being split between
you and your former
