Tag: Divorce

If a couple has decided to separate, there are many issues that need to be discussed and finalised, including the property settlement.  The same issues are relevant to both married and de facto couples (including same sex couples) who have separated. Division of property:  assets and liabilities In determining how assets and liabilities of the […]

Spousal maintenance is a support payment made to a partner who is unable to support his or herself after the parties have separated or divorced. Parties in a de facto relationship are also eligible to receive de facto partner maintenance, in circumstances where a de facto partner is unable to support themselves after the relationship […]

Spousal maintenance is the financial support provided to a party who is unable to adequately support themselves. Spousal maintenance does not apply automatically. A couple (either married or de facto) may agree to spousal maintenance being paid.  If so, then spousal maintenance can be formalised by inserting the appropriate provisions into your Binding Financial Agreement. […]

The Canadian Supreme Court recently made a property ruling which involved an estranged separated couple. In the case the judge awarded Mr David Johnston a half share of a property that he hadn’t lived in nor contributed to in nearly 50 years. Mr. Johnston had purchased the home with his wife, Ms Sharon Johnston in […]

A custody battle between a same sex couple over custody rights to their two children conceived by IVF, was decided just like any other custody dispute – in the best interests of the children. Ms. Packer raised the issue of whether different regard may have been given to the matter, if the issues were between […]

Generally, a couple has 12 months from the date of divorce to make a property claim in the Court.  For de facto couples, this rule is 2 years from the date of separation. However, nothing is ever black and white. The Family Law Act allows claims to be brought out of time and claims have […]

“My partner and I have agreed to separate, but neither of us are in a position to move out of the residence until such time as we sell our house.  Can we be considered legally “separated” if we are still residing together under the one roof?” This is a common question.  And yes, a couple […]

Retirement savings in the form of superannuation funds have become an increasingly important form of family wealth in Australia. But did you know that most separating couples fail to consider splitting superannuation when dividing property after a relationship breakdown? This article will help bring you up to speed with everything you need to know about […]

Under the Family Law Act, spousal maintenance may be formalised by way of a Financial Agreement (under sections 90B, 90C, 90D, 90UB, 90UC, 90UD). If you have reached agreement with your ex concerning spousal maintenance and wish to formalise your arrangement by way of a Financial Agreement, you need to be aware of the following […]

Applying for a divorce is a simple matter of completing and lodging the Application for Divorce contained in the Divorce Kit provided by the Family Court. The Kit is provided by the Family Law Court at no cost.  There is a filing fee payable at the time that your Application is lodged. You can make […]