The most challenging Family Law Property Division Questions

On 29 March 2023 our Director, Anna Roberts and Accredited Specialist in Family Law, Marie Hayter hosted a live Facebook Q&A answering the most challenging Family Law Property Division questions, see below their answers.

The below content is the third part of a three part series answering:

  1. The most Challenging Family Law Parenting Questions
  2. The most Challenging Family Law Separation Planning Questions
  3. The most challenging Family Law Property Division Questions

Like our Facebook page to stay up to date and receive notifications about our live Q&A’s in future.

Director, Anna Roberts and Accredited Specialist in Family Law, Marie Hayter answer the following questions:

  1. If the family home/investment property is solely in the name of my ex can they sell it before finalising the property settlement?
  2. What happens if I don’t formalise a property settlement promptly following separation, especially when assets are in my ex’s name?
  3. Can you formalise a property settlement without a lawyer?
  4. Is an informal property settlement with my ex binding?
  5. How do private school fees get accounted for in Child Support Assessments?

If the family home/investment property is solely in the name of my ex can they sell it before finalising the property settlement?

  • Yes, they have the legal right to sell it but there are avenues through the Family Court to stop them.
  • If the property has already been sold there are avenues through the Family Court to protect the proceeds from being spent before a property division occurs.
  • Best to be proactive and instill your interest in the property early on.

What happens if I don’t formalise a property settlement promptly following separation, especially when assets are in my ex’s name?

  • Time limits apply to make a property division claim.
    • Defacto relationships – 2 years from date of separation.
    • Marriages – 1 year from the date of Divorce.
  • Property that exists at the time of the division is what is to be divided.

Can you formalise a property settlement without a lawyer?

  • Yes, it is possible.
  • Completing the documents correctly, so that the Court can indorse them is difficult if you are not a Lawyer.
  • If you do the documents wrong and the Orders are made by the Court, you will be stuck with them.
  • You do not get the opportunity to redo Orders just because you didn’t have a Lawyer the first time.

Is an informal property settlement with my ex binding?

  • No, the only way you can make a binding agreement is through a formal financial agreement that is strictly governed by the Family Law Act.

How do private school fees get accounted for in Child Support Assessments?

  • Child Support Assessments do not ordinarily take into account private school fees.
  • If both parties agree, an application can be made to the Child Support Agency to change the usual assessment to include the cost of school fees.
  • A specialist Family Lawyer can assist you to document an agreement for paying school fees outside of Child Support payments.

Specialist Family Lawyers for Sydney and Newcastle

Make a Fresh Start. Contact Us Today

Specialist Family Lawyers for Sydney and Newcastle

Make a Smart Start

  • 90-minute appointment with a Specialist Family Lawyer
  • Get all your questions answered and understand applicable Family Law processes
  • Comprehensive on-the-spot legal advice tailored to your circumstances
  • Develop a plan to secure your best future
  • $350 Fixed Fee (incl GST)

Specialist Family Lawyers for Sydney and Newcastle

Make a Fresh Start. Contact Us Today

The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

Author
Special Counsel
Accredited Specialist (Family Law)