What are the implications of not documenting an informal property settlement?

A property settlement is legally binding only if it occurs pursuant to a Binding Financial Agreement or Consent Orders. If you decide to informally document your property settlement you should be aware that your former partner can change their mind and apply to the Court for a property settlement that is different to the one … Read more

What is the time limit for making a property settlement?

Married couples that separate can formalise a Property Settlement at any time after separation. There is no requirements that the parties need to be Divorced at the time of the Property Settlement. However, once parties are Divorced there is a 12 month limitation period that applies. This means if you are not able to reach … Read more

What should I do if I am thinking of separating?

Make a note of the date of separation even if you and your partner remained living under the same roof following separation. Both you and your partner will be required to make full and frank financial disclosure as part of any property settlement proceedings. Start a folder and collect you and your former partner’s recent … Read more

What is an Initiating Application?

Family Court proceedings are commenced by using an Initiating Application form. An Initiating Application contains details of your matter including the interim and final Orders that you are seeking. Family Law Smart Start Guide By Anna Roberts Director, Solicitor & Family Dispute Resolution Practitioner Make a Smart Start Appointment

Can the Family Court make Orders in relation to property and children on an urgent basis?

Yes, the Court can make interim Orders in relation to property and children’s matters at any time. An interim Order is an Order made before the final determination of an Initiating Application. For example, a party may apply to the Court for an interim Order to decide where a child lives until such time as … Read more

If I don’t have access to any funds, can I obtain a partial property settlement?

Parties can have a partial property settlement by agreement. This may be appropriate in circumstances where parties are in need of funds and are still in the process of negotiating a settlement or parties have applied to the Court and a final hearing is not for a considerable amount of time. If one of the … Read more

Can I apply for Spousal Maintenance if I was in a de facto relationship?

Yes. If your de facto relationship can be classified as a de facto relationship under the Family Law Act, and you meet the requirements for Spousal Maintenance under the Act, you may be entitled to Spousal Maintenance. Family Law Smart Start Guide By Anna Roberts Director, Solicitor & Family Dispute Resolution Practitioner Make a Smart … Read more

How long do I have to be living with someone before I am classified as their de facto partner?

Most people presume that unless you have lived together for 2 years you are not a de facto couple. This is not true. Living together is only 1 of 9 factors the Court considers when determining whether parties have been in a de facto relationship. Other factors include, the length of cohabitation, if the parties … Read more