NSW Debt Created Post Separation - Included in Post Divorce Property Settlement?

[ForATime]

Will individual debt created post separation not be included in asset pool post divorce for property settlement? Is this a given or is there a process you need to undertake to dispute it and have it removed from joint calculations?

 

[Victoria S]

Until you finalise the financial / property settlement, its still in the marital pool.

You can either agree between yourselves (in a Separation Agreement or Post Divorce Settlement Agreement) and get independent legal advice to make it binding, or if you can't agree, then the court would decide for you (which can be costly and the outcome is out of your hands).

Also have a read of Property and finances after separation - Federal Circuit Court of Australia.