When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
It’s important to consider the superannuation held by both parties as part of any property settlement negotiations. But what if a party does not disclose, or under-discloses, their superannuation interests?
While parties do not always need to agree on all aspects of the asset pool to reach a property settlement resolution, understanding how to calculate the asset pool is essential for both parties as a starting point.
There are various factors to consider when dealing with farms in family law property settlement, including how farms are treated, what the farm comprises and its ownership structure, and whether the farm will need to be sold.
When your former partner intentionally delays the process, it can be frustrating and financially burdensome. This article provides guidance and practical strategies for individuals facing delays in family law property settlement in Australia.
Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
In today’s globalised world, it is becoming increasingly common for individuals to own property overseas such as real estate, funds in international bank accounts or international shareholdings. So, what happens to overseas assets after separation or divorce?
For many families, pets such as dogs, cats or birds are well-loved members of the family. But what happens to your pets when your relationship breaks down? It’s important to know how pets are treated during separation and what arrangements can be made for them.
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach. Seeking experience legal advice will help protect your financial interests.
Many people do not think about superannuation when it comes to negotiating property settlement after separation. However, it is often a significant asset of a relationship and should be considered when dividing property.