If I don’t have access to any funds, can I obtain a partial property settlement?

Parties can have a partial property settlement by agreement. This may be appropriate in circumstances where parties are in need of funds and are still in the process of negotiating a settlement or parties have applied to the Court and a final hearing is not for a considerable amount of time.

If one of the parties is not willing to agree to a partial property settlement, the other party can apply to the Court for an interim order. For example, if you need access to funds in a bank account for living, housing or legal costs. However, the Court will not make an order for a partial property settlement unless it is satisfied that it is appropriate in the circumstances.

By Anna Roberts

Director, Solicitor & Family Dispute Resolution Practitioner

Anna Roberts