Yes, the deadline for issuing a property (or maintenance) application is 12 months for married parties after a Divorce Order has taken effect (except by leave of the Court or the agreement of the other party). A party to a de facto relationships may apply for a property (and maintenance Order) only if the Application is made within 2 years after the end of the relationship. If you are outside these timelines, we recommend you obtain legal advice....
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Thursday, 27 March 2014
Can you make a claim for property settlement if your de facto relationship is less than 2 years?
It is possible to make a claim for a property settlement for de facto couples (including same sex couples) even if the cohabitation is for less than 2 years. You would need to have a child of the relationship or have made “substantial contributions” to any property of the parties. You would also need to demonstrate that if the Court won’t allow your case to be heard, you would suffer serious injustice. ...
Wednesday, 26 March 2014
What happens if you break a Parenting Order?
If the Court finds you are guilty of breaking a Parenting Order (without reasonable excuse) the following penalties may apply:1. The original order may be varied.2. You may be ordered to attend a post separation parenting program.3. You may be required to enter into a bond.4. You may be ordered to pay the other party legal costs.5. You may be ordered to pay compensation for reasonable expenses lost as a result of the contravention.6. You...
How do I know if my relationship constitutes a 'De Facto Relationship'?
A 'de facto relationship' includes same sex partners and can exist if a partner is married to someone else or is in another de facto relationship. The relevant legislation defines partners as being in a de facto relationship if they are not married or related to each other, and having regard to all the circumstances of their relationship, living together on a genuine domestic basis.Those circumstances may include:· the length of the relationship· the nature and...
What does Roll-Over Relief mean with respect to Capital Gains Tax?
Roll-over relief is available where an asset is transferred under property orders or a Financial Agreement:1. Between spouses or2. From a trustee or company to a spouse."Roll-over relief" means the deferral of the Capital Gains Tax liability until the transferee (the person retaining the property) eventually disposes of the asset....
If I separate is there a time limit to make a claim for a property settlement?
Yes, the deadline for issuing a property (or maintenance) application is 12 months for married parties after a Divorce Order has taken effect (except by leave of the Court or the agreement of the other party). A party to a de facto relationship may apply for a property (and maintenance Order) only if the Application is made within 2 years after the end of the relationship. If you are outside these timelines, we recommend you obtain legal advice....
What happens if you are made redundant?
In these uncertain economic times it’s important to be mindful of the potential impact of a redundancy or a possible redundancy on a property settlement. It’s important to fully disclose to your lawyer if you have applied for a redundancy even if it’s after a separation. It may be relevant in the property settlement negotiations. A redundancy payment received after separation (but before a family law settlement) and applied to a new property is likely to be “added back” into the matrimonial asset pool, so we recommend you finalise...
Sunday, 16 March 2014
Spousal Maintenance under the Family Law Act
Under the Family Law Act a Court may make such order that it considers “proper” for the provision of maintenance. This means that the Court has a discretion both as to whether maintenance should be ordered and, if so, as to how much should be ordered. It is a discretionary power.Under the Act, a party to a marriage is liable to maintain another party to the extent that the first party is reasonably able to do so and the second party is unable to support him or herself adequately:a. Due to having...
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