Blog
Category: Property Settlement
Can I claim more after finalising property settlement?
When a property settlement has been finalised after separation, the parties’ financial relationship ends on a full and final basis. However, there are some instances where the Court may set aside a property settlement in order to re-assess and possibly vary the outcome.
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Can I keep the engagement ring after separation or divorce?
This seems like a simple question, but the answer is far from simple. Who keeps the engagement ring after separation or divorce will depend on your individual circumstances. The issue of who keeps the ring is a question frequently asked of family lawyers.
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Can I use financial information disclosed during property settlement for another purpose?
During property settlement proceedings, documents may come into your possession that are relevant in other processes like child support assessments or spousal maintenance applications. We look at when you can share documents disclosed in one part of your family law proceedings for a separate part of your family law proceedings.
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Can I finalise property settlement without getting a divorce?
After separation or divorce, things can get confusing and sometimes overwhelming. There are often several family law processes all happening at the same time, and many of these will have timeframes you need to be mindful of and adhere to. In this article, we specifically look at the process of how divorce intersects with property settlement.
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The effect of family violence orders on property settlement
In most cases, the marital conduct of either party is not considered to be relevant to the division of property after separation. In some instances, however, family violence can impact the outcome of a property settlement.
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Property settlement and property owned before a marriage
If you’re considering separation or are in the process of separating, you may have given some thought to how assets owned by you may be treated in any property settlement proceedings. A common question family lawyers are asked is: “Will I be able to keep property bought by me before the marriage?”
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Disputes over who stays in the family home after separation
After the breakdown of a relationship, it would make sense for the parties to physically separate from one another by one of them moving out of the family home. However, sometimes people can’t agree on who should move out. So, who gets to stay in the family home if no one can agree?
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Does my ex-partner automatically get half of everything in in property settlement?
Contrary to urban myth, often from the US movies, there is no automatic 50:50 split in property settlement in Australia. The standard to be met is a ‘just and equitable’ division of the property pool.
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Interim hearings and interim orders in family law matters
When families are involved in Court proceedings, the Court may make interim orders. Interim orders are usually made when there is an urgent issue to be dealt with or for temporary matters.
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Are verbal agreements binding in family law matters?
At the time of separation, parties can often “reach agreement” verbally on a number of family law issues. But what if one party changes their mind as time passes? Is that original verbal agreement binding or should it be formalised?
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What is considered “property” in Australian family law proceedings
In order to identify and value the parties’ property, it is imperative to understand what is “property” in Australian family law proceedings.
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Dealing with property and assets after a de facto relationship breakdown
Casual and recent commentary from our High Court has created confusion and uncertainty around de facto relationships. Just because you are not living under the same roof or bound by a certificate of marriage does not necessarily mean you are not in a de facto relationship.
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