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 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 […]
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, […]
After we have reached an agreement, how can we make our property settlement legally binding and what are the benefits?
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 […]
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 […]
After separation both parties continue to have parental responsibility for the decisions relating to the children. Generally, this decision making power relates to long term decisions with each parent retaining autonomy for the day to day decisions whilst the children are in their care. As a general rule, when negotiating, parents will always purport to […]
There are countless times when people have said to me that their understanding is as soon as two people are together for two years, they are obligated to split their net assets in half if they separate. Other people have said to me, “I have been dating X for two years so now I am […]
Family Law for Same Sex Couples. At O’Neill Family Law, we are dedicated to providing solid legal advice to same sex couples. The practice of family law advice in relation to same sex couples covers a wide variety of areas such as surrogacy, parenting arrangements, property settlement and defacto maintenance.
A Family Lawyer you can trust Family law deals with a wide scope of relationship and matrimonial matters. The Family Law Act and associated items of legislation contemplate disputes related to marriage, divorce, child support and parenting arrangements, spouse and de-facto maintenance, paternity, surrogacy, child protection and adult child maintenance to name a few. Generally, […]