WE CAN HELP WITH FAMILY LAW MATTERS
The information below in not intended to be definitive advice. Everyone's relationship and circumstances is different.
Property Settlements | Ending A Marriage | De Facto Relationships
Whether you are married or in a de facto relationship we can assist you negotiate a fair and equitable property settlement. We will make recommendations as to settlement options available to achieve the best possible settlement and move forward in your life in the most timely and least stressful way.
When a court divides property it takes into account both parties' financial and non-financial contributions to the relationship. For example, it will look at the division of household labour, the contributions you have both made as a parent as well as financial and non-financial contributions to the marriage or relationship. It will also take into account your current and future financial circumstances and needs.
Applications to the Family Court for a property settlement Orders can be made where both parties have come to an agreement and where there is a dispute over the division of the relationship property. The Court will examine the Application and proposed Orders and if the Court does not consider the Orders sought are fair and equitable they will not approve them - even if the parties have come to an agreement. Approval by the Court offers protection to the parties wishing to enter into such mutually agreed Orders. When the Orders have been made they are binding on the parties.
- For married couples – you have one year (1) after your divorce is finalised to bring an application for property settlement in Court.
- For de facto couples you have two years (2) after the breakdown of your relationship to bring an application for property settlement in Court.
In some circumstances it is possible to bring an Application outside of these time limits but this can only be done with leave of the Court and you must be able to prove that hardship prevented you making an application within the time limit. Hardship can be very difficult to prove – we stress that you should seek legal advice as soon as you begin to contemplate divorce or separation.
Kiama Legal can help you with Property Settlement matters, simply Contact Us
ENDING A MARRIAGE OR DE FACTO RELATIONSHIP
We can offer practical, professional and personal advice and support during what is often a very difficult and emotional time for many clients.
We can assist you with an Application for Dissolution of Marriage (Divorce) if you are married. If you are in a de facto relationship there are no formal requirements to finalise the end of your relationship however you can agree to finalise your personal and financial affairs by way of a Property Settlement.
Before you can apply for a Divorce married couples must be separated for 12 months. Couples who are still living in the same house (but have separated) can be considered to be "separated under the same roof". If the other party does not accept there has been a separation you must prove that you were indeed separated by providing evidence such as – your financial independence – whether any sexual relationship existed during the period and the domestic arrangements which existed in the house.
All same‑sex married couples (including those who married overseas before 9 December 2017) are, from 9 December 2017, married couples for the purposes of family law.
BINDING FINANCIAL AGREEMENTS:
A Binding Financial Agreement can be made before, during or after a marriage or de facto relationship. Binding Financial Agreements may be appropriate in some circumstances. For example, where you are a mature couple contemplating marriage or a new relationship, where the relationship or marriage is of a short duration, where there are no children of the relationship, and where the parties have amicably come to an agreement.
The benefits of a Binding Financial Agreement are:
- you make your own decisions
- you greatly reduce the financial and emotional costs of legal proceedings
- your continuing relationship as parents, if you have children, is likely to work better
- you are able to move forward and make a new life for yourself, and
- you may improve communication with your former partner and be better able to resolve disputes in the future.
Kiama Legal can help with Marriage and Relationship matters, simply Contact Us