Tag: Separation

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 […]

It’s not uncommon for couples to break up without taking care of the paperwork. But if you’ve accumulated assets together then delaying property settlement can be a costly mistake. In Australia there are set time limits for the settlement of property depending upon the nature of your relationship. For de facto’s – a party to […]

They say “All is fair in Love and War”, and after a breakup it can be tempting to go into battle. But if you’ve built a life together, accumulating assets (and debt), it is better to find a way to deal with your ex fairly and calmly. There are a couple of options when it […]

“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 […]

If you’ve separated from your partner who you have children with, a well-designed parenting plan will make things so much easier for everyone involved – even if you separated a while ago. If you’re not already familiar with parenting plans, they refer to the mutually-agreed-upon document written up by a child’s parents and/or their legal […]

It is true that the requirements for signing a financial agreement are a little different to those that apply to signing a standard contract. The Family Law Act sets out specific requirements that must be met for signing financial agreements, in order for the agreement to be binding. What does the Family Law Act say? […]