Family Law

Australia’s no-fault divorce system means that you are not required to provide reasons for wanting a divorce. Provided that your separation has lasted at least twelve months and that there is no reasonable prospect of resuming the marriage, you are eligible for a divorce.

However, a financial settlement can be made before divorce.

It is important that separating parties (either married or de facto) seek and obtain early advice as to their legal rights and entitlements arising out of the separation. Steps may need to be taken to preserve assets and to obtain interim financial relief.

Separating parties should also seek legal advice regarding their Wills and Powers of Attorney.

It can be challenging for former couples to arrange how property assets are to be divided.

The process fundamentally involves identifying and valuing the “relationship property” and arriving at an adequate percentage division between the couple, based on the contributions made by the parties and their future needs.

We take the stress out of property arrangements by communicating with our clients in plain English.

If you have reached an agreement with your former partner, you should contact our Team to protect your arrangement by making it enforceable. If no agreement is reached, trust us to negotiate on your behalf or to make an application to the Court.

Even if you and your former partner have reached an informal agreement, it is important to get the Court to consent to it so that it becomes binding.

Such an order can be made even if the parties are not involved in a current case before the Court.  In the case of marriage, it is not necessary for the parties to be divorced.

An order made by the Court in the terms agreed to and drafted by the parties will have the same force and effect as an order made by the Court after a contested hearing.

Separated married and de facto spouses need to be fully aware of their rights and entitlements and these will vary depending on the range of facts and circumstances which exist in each particular case.

The majority of financial settlements between separating parties are achieved through negotiation, and without court intervention.

This process will generally involve the parties making full disclosure to each other of relevant financial documents, and navigating the path towards a fair and equitable distribution of their assets and liabilities. This may be achieved by direct discussions between separated parties, by negotiation through lawyers or with the assistance of the dispute resolution process, including mediation.

Superannuation is deemed to be property and forms part of the matrimonial or de facto relationship pool of assets to be divided between separated parties.

This does not mean the non-member spouse will be paid a sum of money from the other party’s superannuation, but rather an amount is split off the spouse member’s entitlement and a new interest in the fund will be created for the non-member spouse which can be retained in the original fund or rolled over to another fund nominated by that spouse.