You are acting for Rob. He wants to find out how he can sort out his property settlement. He says that Michelle is seeking to remain in the family home with the boys, if possible. Rob is happy for this to be part of the settlement, if it works out with what he is legally entitled to. The boys are spending time with him every second weekend for 3 nights and for 1 night on Wednesdays, in alternate weeks, and for one half of all school holidays. Rob informs you that he has recently filed an application for divorce and the hearing is in December 2021. Advise Rob and ensure that you include the following: What preliminary steps Rob should take to attempt to finalise his financial relationship with Michelle prior to commencing any court proceedings; How a court may approach the determination of a property dispute between Michelle and Rob. You will need to include a schedule of assets and liabilities setting out the property pool and the steps the court will follow, including the parties’ estimated percentage entitlements; and How the court may redistribute the property, including a schedule of assets and liabilities setting out this proposed redistribution.
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