A divorce and a property settlement are two different legal processes. A property settlement is the formal division of property, interests and financial resources following a couple separating. Discussions regarding the division of assets can occur as soon as a couple separates. The Family Law Act 1975 (Cth) provides that parties have twelve (12) months from…Read more
The simple answer is “Yes”. The Family Law Act 1975 (Cth) contains similar provisions that apply to both married and de facto couples. What constitutes a de facto relationship? A de facto relationship exists where a couple who are not married or related has been living together on a “genuine domestic basis” and they have…Read more
The steps in working out the appropriate division of property following separation are as follows: firstly, the parties need to agree on the value of the assets and debts of each of them respectively; secondly, the parties need to assess whether it is just and equitable to put a property settlement Order in place; thirdly,…Read more
The Federal Circuit Court of Australia recently welcomed the appointment of two new Judges, Guy Andrew and Penelope Kari. Judge Andrew has extensive experience as a barrister specialising in family law matters, and Judge Kari was previously a solicitor and barrister with family law experience. Judge Andrew is sitting in Townsville, and Judge Kari is…Read more
There are two ways to make a property settlement legally binding: the first is to file Terms of Consent or Consent Orders with the Family Court of Australia; or the second is enter into a Binding Financial Agreement. This can only be done with lawyers advising both parties independently. Some benefits of the agreement being…Read more
In February 2019, Judge Ciara Tyson was appointed as a Judge of the Family Court of Australia, and Family Court of Western Australia. Of the appointment, Attorney-General Christian Porter congratulated Judge Tyson on her appointment and “willingness to continue to serve the people of Australia as a Judge of the Family Court of Australia”. The…Read more
This question is often important to property settlement discussions post-separation, when budgets are at times in a state of flux and are at other times stretched to their absolute maximum. The first and most important thing to remember is that if the mortgage is in ‘joint names’, then both parties are legally responsible for the…Read more
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