Blog
Category: Property Settlement
Time limits for family law property settlement
Time limits apply in family law proceedings for property settlement and spousal maintenance matters. If you separate from your partner (whether married or in a de facto relationship), you will need to commence your property settlement proceedings within the specified time limits.
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Legal costs in Family Law proceedings
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
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Is it a gift or a loan? The difference could be critical in your family law dispute
It is becoming more commonplace for family members to provide financial assistance to other family members. How that arrangement is treated if you end up in family law proceedings can have a significant consequence on the outcome of a property settlement.
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Family Law and Farming Cases
When a husband and wife separate, it is always a difficult time. Complexity can be added when the primary asset of the relationship is a family farm.
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Can I change my Family Court final orders?
It’s not unusual for someone to look at re-evaluating obligations under Final Orders made by the Family Court in property matters and/or parenting arrangements. The question is, can those Final Orders (including Consent Orders) be changed?
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Pets and other animals in the family law system
Many families and couples often welcome furry friends into their homes and lives. Pets are often cherished members of a familial unit. But what happens to those pets (or other animals) if the relationship ends? Who gets custody of the pets, so to speak?
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What is duty of disclosure in family law?
When a marriage or de facto relationship ends and a property settlement is required, the parties are required by the Family Law Rules to provide full and frank disclosure about their financial circumstances. This is referred to as your duty of disclosure.
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Formalising agreement reached regarding property settlement and parenting arrangements
Separation does not always mean animosity and disagreement. Partners who are ending a marriage or de facto relationship can often come to an agreement about property settlement and sharing time with any children of the relationship.
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How does the Family Court determine property settlement matters?
Following the breakdown of a de facto relationship or marriage, it may be necessary to determine how assets, liabilities and even superannuation entitlements are divided between the parties; in other words, how property settlement will be calculated.
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You don’t need to wait 12 months for a family law property settlement
We often receive enquiries from family law clients who assume they have to wait at least 12 months following separation to commence their financial and property settlement. This is not the case.
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Are we just dating or are we in a de facto relationship?
Whilst in the infant stages of a relationship, a common question is often, “What are we?” Are we something as simple as boyfriend and girlfriend or friends hanging out together, or are we actually in a de facto relationship?
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Who pays the mortgage after separation?
One significant area of apprehension before or immediately after separation is who pays the mortgage (or mortgages) for any real property together with other joint expenses.
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