Property

When a relationship comes to an end, you will need good advice on the division of property.

Your entitlements at law

Section 79 of the Family Law Act sets out that in property settlement proceedings, the Court can make any order it deems appropriate, but that the Court will not make an order unless it is satisfied that it is just and equitable to make the order.

When considering property settlement orders, the Court takes into account many factors including the financial and non-financial contributions each party made, either directly or indirectly, to the relationship or a child of the relationship, to acquiring, conserving or improving the property of the parties to a relationship, contributions made to the welfare of the family such as contributions made as a homemaker or parent, as well as many other factors.

While these factors may seem straightforward, they can be quite complicated and you need to ensure you obtain good advice.

Spousal Maintenance

Spousal maintenance is money that is paid to an individual by their former husband or wife to the other where that individual cannot support themselves adequately. Where the parties are not married, this maintenance is referred to as de facto partner maintenance.

Section 75(2) of the Family Law Act sets out the matters that are to be taken into account by the Court when considering spousal maintenance, which include the age, state of health, income, property, financial resources, commitments and capacity for employment of each person, as well as who has care of a child, what is a suitable standard of living and many other considerations.

Reaching Agreement

If both you and your former partner can reach an agreement about how you will split your finances and property, you can make the agreement binding by each signing Consent Orders that are filed with the Court. It is important you first obtain legal advice so you can be informed of your rights and entitlements.

If you and your former partner can not reach an agreement, and you want to enforce your rights, you may need to commence proceedings.

Time frames

There are important time frames in which you must commence proceedings. If you were married, you have 12 months from the date of divorce to make an application to the Court. If you were in a de facto relationship, you have two years from the date of the breakdown of your relationship to make an application to the Court.

When agreement cannot be reached

When you commence proceedings you will be required to complete and file an Initiating Application, supporting affidavit, and a Financial statement.

Our Family Law experts will fight for your entitlements. We are great negotiators and take a firm but reasonable approach to negotiating and push for every advantage to achieve your goals.

Our Family Law experts can meet with you to discuss your options and explain your entitlements to you. Glaser Lawyers offers an obligation free, initial consultation at no charge to all new clients, so you can discuss your concerns, receive advice and ensure your interests are protected as early as possible. Please call 1300 000 770 to arrange an appointment to speak with one of our experts.

Children 

When a relationship comes to an end, you will need good advice on parenting orders and what is in the best interest of your children.

The Law

In relation to making parenting orders, section 60CA of the Family Law Act sets out that the paramount consideration of the Court must be the best interests of the child.

Primary Considerations

Section 60CC Section 75(2) of the Family Law Act sets out the factors the Court considers to determine what is in the child’s best interests. The Court considers many factors, including, primarily, the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from physical or psychological harm from being subjected to or exposed to family violence, abuse or neglect.

Additional Considerations

Although they are not primary considerations, the Court can also consider factors such as the child’s views and factors affecting the weight that should be given to the child’s views, the nature of the child’s relationship with each parent and other persons, the extent to which each parent has taken or failed to take opportunities to spend time with and communicate with the child, as well as many other factors.

The Next Step 

If you have or are separating from a partner and would like to learn more about your rights, we would be pleased to hear from you.

Glaser Lawyers offers all clients a complimentary and obligation free consultation. 

We look forward to working with you to achieve your aims and protect your interests.

Please call 1300 000 770 or email admin@glaser.net.au to make your appointment.