Around 30% of first-time marriages end in divorce and despite this, there are still myths surrounding the Property Settlement Process. Things aren't always split 50/50, the man doesn't come off worse, and you don't have to go to Court for your property settlement. Property settlement after separation, but before the divorce is finalised, is the right way to manage the process for everyone, but what does that look like?
Separations are a painful experience for both parties. Even though you can't divorce for at least twelve months, that doesn't mean you can't start taking positive action to protect your future. Here’s what you need to know about consent orders.
As the average Australian family has changed over the last few decades, so too has the legal definition for spousal relationships. Today, we have families with both heterosexual or same-sex non-married couples entitled to many of the same rights when it comes to matters regarding Family Law such as maintenance and the division of property. But simply living together with someone does not automatically mean you’re in a de facto relationship.
Approximately one out of every three marriages and de facto relationships in Australia end in divorce or separation. And just like the relationships that preceded them, every separation is unique. Some are amicable and relatively easy, whereas others end up being complicated, drawn-out, and emotionally draining. One of the main reasons why many separations and divorces become so problematic is the property settlement process.
When you get married or enter into a de-facto relationship, you generally do so because you expect to be spending your lives together. You begin to merge bank accounts, superannuation, you might buy a car together, pets, and a home.
Separation can be tough, and divorce can often be even harder to deal with. But when a relationship breaks down and children are involved, things become even more complicated. That’s because their future living arrangements must be sorted out. But how? A parenting agreement is a good place to start when deciding child custody in Australia.
When someone passes away, their survivors will receive their estate through an inheritance. When you receive an inheritance from someone close to you, in most cases it will have been intended to be for you specifically, not for your partner as well. Unfortunately, you may be required to share some of your inheritance with them if you decide to separate or get a divorce. Read on to find out how inherited property is treated in these situations, but first…
One of the most important legal steps after the breakdown of a marriage or de facto relationship is for both parties to come to a property settlement. This can either be negotiated and agreed to between the parties or be made by application to the court. In this post we look at:
After the breakdown of a marriage, there are a range of separate legal processes that need to be worked through:
Parenting plans and child support agreements are two mechanisms available to parents on the breakdown of a marriage or de facto relationship. They allow the parents to set out the child support arrangements, going forward.