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Separation and Divorce Relationship Issues

Are Assets Always Split 50/50 in an Australian Divorce Settlement?

separation are assets split 50 50There is a pervading myth that divorce settlements in Australia split the assets and liabilities down the middle. The Family Court of Australia does not explicitly use a ratio system and instead has a complex and considered process that determines the proportion of assets each party will receive.

How Do You Split Finances When Separating?

split financesThere are a lot of myths about the separation of finances when separating in Australia. Some couples believe having individual bank accounts can protect them during their split, while others think you can separate finances without some form of agreement or court order. It is important to know how the Australian Family Court approaches the separation of finances and the best way to protect your assets during a divorce.

Can You Separate Without Using a Solicitor in Australia?

Family law is a complex area, and it’s important to understand the options available when it comes to separating from your spouse or partner. Many people wonder if it is possible to separate without using a solicitor. In this article, we will explore the process of separation in Australia, the distinction between legal separation and divorce, and discuss whether or not you can separate without the assistance of a solicitor.

Is a DIY Separation Agreement Legally Binding?

legal scalesEngaging the services of a lawyer to draft a separation agreement can indeed be costly, however, reducing the time a lawyer spends on your matter can significantly lower those costs. An increasing number of Australians are using a Separation Agreement template in Australia to minimise the expense of property settlement.

Can I Write My Own Binding Financial Agreement?

can i write me own financial agreementGoing through a separation or divorce can be an emotionally challenging and stressful time. One aspect that often requires careful consideration is the division of financial assets and property. In Australia, couples have the option to create a Binding Financial Agreement (BFA), also known as a separation agreement, to document how their financial property should be divided. In this guide, we will explore the process of writing your own BFA without a lawyer, the benefits of using a template kit, and the importance of seeking legal advice before signing the agreement.

What Is a Financial Agreement in a Separation?

what is a financial agreementIn Australia, the Family Law Act of 1975 provides for the creation of financial agreements which may be made before, during, or after a marriage (or de facto relationship). A financial agreement, by definition, outlines how, in the event of the breakdown of the marriage or de facto relationship, all or any of the property or financial resources of either or both of the parties is to be dealt with.

How Do I Start a Separation Process in Australia?

how to start separation processThe separation process in Australia, fortunately, starts easily. There is no requirement for both parties to agree to a separation, and you are not required to file any paperwork with the court system. The meaning of “separation” in the Family Law Act is simply that the relationship has ended in the eyes of one or more parties. You must inform the other person of your decision and nothing more. You do not need to leave your house to be considered separated.

How Much Does a Separation Agreement Cost in Australia?

questioning womanCreating a separation agreement, or binding financial agreement, can cost an unsuspecting person tens of thousands of dollars. However, if you attempt to divide assets after separation without a binding agreement, it may cost you even more. It’s worth exploring the different options available to you to determine the most cost-effective process for your circumstances.

How Do I Get a Separation Agreement in Australia?

questions financial agreementsIn Australia, a “Separation Agreement” specifically refers to a financial contract that outlines the division of assets and liabilities when a marriage or de facto relationship comes to an end. If the parties are on amicable terms and willing to cooperate, they can save a significant amount of money on legal fees by using a separation agreement template and working together to complete it.

Are Binding Financial Agreements Worth It?

are binding financial agreements worth it?The answer to this question is subjective and depends upon your individual circumstances, and whether you have property that you want to safeguard from potential future claims. We look at the important issues so you can decide if you need a biding separation financial agreement.

What Does Legally Separated Mean in Australia?

What does legally separated mean?When discussing personal relationships, the legal definition of separation is quite specific. There are distinct differences between two parties being legally separated and being divorced. These differences impact your rights and responsibilities as an individual.

What is a Separation Declaration?

Separating couple declarationAt the top of your marriage separation checklist, you should consider creating a “statement of separation declaration”. While this document is not legally binding, it can serve as evidence of the date of separation. Such evidence can be critical if there is a dispute during settlement.

Should You Get a Financial Separation Agreement in Australia?

should i get a separation agreementA person you have separated from can legally make a claim for your assets up to twelve months after a divorce or twenty-four months after a de facto separation. To protect yourself and become financially independent once more, you should enter into a Financial Separation Agreement.

Creating a DIY Separation Agreement in Australia

creating a diy separation agreementA Separating from your partner can be stressful and expensive. If you know how you want to divide your property after separation, creating your own separation agreement before involving lawyers can significantly reduce your legal fees

Navigating Your Separation Agreement Cost: A Guide to Smart Spending

property settlement costMany legal avenues are open to you when looking for a way to divide property after a separation. Each has its own advantages, but for many people, the significant deciding factor is cost.

What is a Property Settlement Agreement?

Wedding rings contractA Property Settlement Agreement, more commonly referred to as a Binding Financial Agreement (BFA) in Australia, is a practical and effective method for officially documenting the distribution of assets and liabilities following the dissolution of a marriage or de facto relationship.

Drafting Precise Financial Agreements

precise financial agreementsA Binding Financial Agreement is like any other contract and is subject to the standard principles of Australian contract law. When formalising an agreement with your partner, it is therefore necessary to ensure you draft in a way that reduces the risk of it being challenged in court proceedings later down the track.

How to split superannuation with your partner in the event of relationship breakdown

how to split superThe Family Law Act 1975 (Cth) allows for the division of certain superannuation interests between parties to a marriage or de facto relationship. Before making the financial decision to divide your superannuation assets with your partner, it is important that you are aware of the process and what is involved in carrying out each step.

Initial Contributions in Property Settlements

initial contributions property settlementIn this article, we’ll discuss the impact of initial contributions in property settlements (the process of dividing finances after separation or divorce) to help you better navigate the process and avoid any nasty surprises popping up along the way.

Superannuation Splitting and Separation: An Overview

super splitting separation divorceRetirement 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 superannuation when dividing property after a relationship breakdown? This article will help bring you up to speed with everything you need to know about splitting superannuation contributions with your spouse.

Negotiating a property or financial settlement during the COVID-19 pandemic

covid 19 and financial agreementsSince the onset of the COVID-19 pandemic, it is clear that separating couples are facing additional challenges. In particular, restrictions on gathering and moving between different places mean that property or financial settlement negotiations cannot take place in person. In this article, we’ll outline the property settlement process and help you better understand your options when it comes to finalising an agreement during COVID-19.

Separated under the one roof – why more couples are still living together

separated couple under one roofFor anyone considering separation, the thought of living with your ex-spouse under the one roof might seem horrifying and ridiculous! Most people would agree that the idea of having to sharing a home with a person who you have either lost all feelings for – or still have intense, raw feelings for – would be very difficult. Amazingly though, the number of Aussies who are separated under the one roof is much higher than what you might think.

Separated – Do I need to go to Court?

do i need to go to courtThere is no doubt that the thought of going to court is scary for most people. You don’t know whether your will get your desired outcome or how much it will cost, or even if it’s necessary. Answering the question of what you should do if you separate from a long term partner is complex and dependent on many factors. Read this article to learn more.

Fur-ever friends: Who gets custody of the family pet in a divorce or separation?

help with family and relationship issuesGoing through a separation or divorce and navigating change is a stressful and often overwhelming process. Common matters that arise during the settlement process include working out how to divide property or deciding who gets custody of the kids. But one of the lesser-known challenges is determining which party will get to keep the family pet.

Married for less than two years? Requirement to get counselling before a divorce 

help with family and relationship issuesEnding a marriage is never easy. But before you make a decision, you may want to consider the requirements you will need to satisfy to be eligible to apply for a divorce.

Creating Co-parenting Harmony by Using a Parenting Plan

children parenting planTired of arguing with your ex over childcare issues? You can create more harmony in your co-parenting relationship by using a parenting plan. A Parenting Plan is a mutually-agreed-upon plan that formally documents the parenting arrangements for children after their parents divorce or separate.

Separation and Property Settlement 101

Separation Property SettlementThis article answers common questions about separation and property settlement. It covers separation under one roof, how to document your settlement legally, dealing with superannuation, transferring property, maintenance, divorce applications and more.

Burning Question: Family and Wills – The Separated Saver who wants to Protect her daughters Inheritance.

My daughter has had relationship issues with her husband for a couple of years and they now live separately but still under the same roof. They have one daughter. My daughter is a saver and has paid off the mortgage on their house. Her husband is a spender who always runs up debt on his credit card, paying huge interest rates. My daughter is concerned that if anything happens to her, her husband will have her half share of the house as well as his own. She has no confidence that he will look out for their daughter.

Should my family lawyer finalise my financial agreement?

One of our customers contacted us this week, enquiring as to whether his long-term local lawyer, who had acted on behalf of himself and his wife for many years, could prepare and finalise his Financial Agreement. The difficulty with appointing your family’s long-standing lawyer to finalise your agreement is that the same lawyer cannot act for both yourself and your partner. This can raise all sorts of issues for the couple and the agreement.

Burning Question – Inheritance and Property Settlement.

“I inherited some money from my father and a friend separately and some years apart. I subsequently bought a flat (apartment) for roughly to the same value as both inheritance monies combined. I am now divorced and about to go through the legal process to sort out the assets as both parties cannot agree on a settlement arrangement. Are those inheritance monies considered part of my asset pool from which my ex-wife has a claim?”

Do I need to pay Spousal Maintenance?

A couple has an obligation to maintain each other, even after their relationship breaks down. The likelihood of spousal maintenance being paid, and the extent of the payments, will vary depending on various factors – firstly, whether one party can actually afford to support the other, and to what extent.

Fraud and Undue Influence

Fraud and undue influence are two factors that may negate a person’s otherwise valid consent to a Binding Financial Agreement. We look at a couple of examples of how these factors contributed to agreements being overturned.

Tax Office can access Family Court documents for tax purposes

A recent case in the Family Court set the precedent of allowing the Australian Tax Office (and other bodies) to access family court documents for purposes unrelated to the court proceedings such as tax audits and assessments.

Why do we need to get Legal Advice when making a Financial Agreement?

Video explaining why a couple needs to get legal advice when entering into a Financial Agreement.

When can my de facto partner make a claim on my assets?

When can my de facto partner make a claim on my assets?

How to manage money as a cause of conflict in your relationship

Money is a major source of conflict in personal relationships. Open and honest communication about financial goals and money habits is a useful strategy for minimising money arguments.

Myth of the 50/50 Split Part 2 – Weighing the Contributions

Weighing Contributions of the partnersAfter separation, there are four steps tha partners should take to decide how the property pool will be split. After identifying the property pool you need to consider the contributions of the parties to the asset pool (s 79(4) of the Family Law Act).

Separation – The Myth of the 50/50 Split

Myth of the 50 50 splitThere are a lot of myths surrounding de facto separation and divorce in Australia. One is that assets are split 50/50 between the parties. But this simply isn’t true. We look at the facts behind this myth and outline the process of how you determine a fair division of the property pool.

How to avoid arguing over Child Support Payments

There are a bunch of grey areas when it comes to managing a separation from a long term partner who is also a parent of your child/ren. Thankfully taking care of child support payments is reasonably black and white. You have two options to choose from – either applying to the Child Support Agency or making a private agreement between yourselves. We explore both options and how they can help you to stop arguing over child support.

Video – Can you live in the same house and be legally separated?

We answer this common question and explore the actions you should take to comply with Family law.

Man wins half share in million dollar property, despite nearly 50 years of separation from estranged wife

A recent Canadian Court case highlights the importance of formalising a separation when property and children are involved. In this particular case, a man was able to prove that he still entitled to half of a property he purchased with his estranged wife over fifty years ago.

Adding spousal maintenance to a Financial Agreement

Spousal maintenance is an issue that can be addressed within a financial agreement along with the division of assets and debt. When doing so, it’s wise to think about how the payments will be terminated.

How to fill out an affidavit

Affidavits are a particular type of document used to record information as evidence for matters being dealt with by a court. There are many different types of affidavit’s and you need to ensure that you complete the correct type for your particular matter.

Is it possible to separate under the one roof?

Sometimes when a married or de facto relationship breaks down, the partners may need to keep living together under the one roof. We examine how the legislation treats such circumstances.

Separating from your partner? What you need to know

Contemplating separation is never easy. It can be even more difficult when you don’t know your rights or the facts about how it will affect your future security

The Man, The Mistress and his Wife

Some people really know how to get themselves into strife. Let’s take the example of Brian who recently left his wife and set up a new de facto relationship with his mistress of 11 years.

Will a Financial Agreement work for us?

We look at the factors that determine if you can take the peaceful path to property settlement if you are separating.

Family Court praises stay-at-home mother’s role and awards $22 million

Family Law Courts place a high value on the contribution of the Stay-at-home parent or homemaker as shown by the recent case Elgin & Elgin, who separated after 49 years of marriage.

Why delaying property settlement could end up costing you more than you bargained for

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.

How to apply for a divorce

In Australia you can apply for a divorce if you have been separated for 12 months by lodging a divorce application form with the Family Court.

Same sex battle over Child Custody

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.

Help with Family and Relationship Issues

help with family and relationship issuesIf you are struggling with family or relationship issues, or feelings of grief, sadness or anger associated with separation or divorce – help is available. Many support organisations exist in Australia offering various services to help you cope with and overcome painful and difficult times in your life. There is no need to suffer in silence.

How do I find a good individual or couples counsellor?

Therapists toolkitStarting couples or individual counselling in times of trouble can be intimidating. Ask your therapist these questions to decide if they’re a good fit, and what you can expect out of the experience.

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