What is the difference between a property settlement and a divorce?

Author: admin

1 Jun

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 the date of a final… read more

30 Mar

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 in Adelaide. The Attorney General… read more

1 Mar

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 legally finalised are that it… read more

28 Feb

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 Law Council of Australia welcomed… read more

1 Feb

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 payment of the mortgage. If… read more

31 Jan

Director Ben O’Neill is excited to announce the recent employment of Joel Stower as a solicitor, a welcome addition of the team. Joel’s experience includes working in criminal and civil cases, as well as a role in youth justice which he says shaped his understanding of the justice and court system.  Joel’s hands on, enthusiastic approach is highly valued and… read more

5 Oct

O’Neill Family Law is pleased to welcome administration assistant Brodie McKenzie to the team.  Brodie has extensive experience in the legal sphere, having previously worked as a paralegal assisting in conveyancing and family law matters. As well as her matter of fact approach, Brodie brings warmth and understanding to clients for whom Brodie is the first point of contact on… read more

1 Oct

The Attorney General Christian Porter has responded to the Family Law Section of the Law Council of Australia’s response to the “Fact not Fiction” article which featured in The Australian in August 2018. Clarifying the recent focus on the family court system in Australia, the Attorney General’s memorandum addresses concerns raised by Family Court Judges following the release of the… read more

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