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Quick Questions Answered: Property Settlement Agreement

  1. What is a Property Settlement Agreement?

A Property Settlement Agreement contains the agreed terms to divide property between you and your former partner following separation. This includes assets, liabilities and superannuation.

  1. When Can I Get A Property Settlement Agreement?

You can finalise a property settlement agreement as soon as you and your former partner have decided to separate i.e. end your relationship.

  1. What if we are still living under the same roof?

You can be living under the same roof but still be considered ‘legally separated’. You do not need to be living in separate households; however, your relationship does need to have ended. [...]  READ MORE →

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How the Court deals with a significant financial contribution where the property value soared after rezoning

With the fluctuating property market and endless residential rezoning, how the Family Court deals with property introduced by one party to the relationship that has dramatically increased is sure to be a recurrent theme for separating couples.

Background Facts

In one recent case of Jabour, where the parties had been married for a long period and had raised three adult children this circumstance arose.

When the parties first got together the husband owned a 50% share in three blocks of land which he had purchased from his father in 1975 for $26,000. [...]  READ MORE →

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Family Violence and Your Property Settlement Agreement

At the end of a relationship, couples are often faced with the issue of dividing their property. Due to the emotional nature of relationship breakdown, this task often proves tricky for even the best of couples. Where the couple is unable to come to an agreement, the Family Law Act 1975 (Cth) empowers the Court to make a property settlement agreement that it considers appropriate. In coming to a property settlement agreement, the Court considers financial and non-financial contributions to the relationship and the future needs of the parties. The conduct of the parties is generally not a relevant consideration. [...]  READ MORE →

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I Didn’t Know – How You Can Get Out of A Property Settlement Agreement

The Family Law Act 1975 (Cth) s 79A(1)(a)  allows the court to vary or set aside a property settlement agreement where there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence (including failure to disclose relevant information), the giving of false evidence or any other circumstance. This includes where one party has failed to disclose his or her true financial circumstances. However, not every failure to provide full and frank disclosure during a property settlement agreement will amount to a miscarriage of justice. What is needed is to show that the failure to disclose has led the court to make an order that is substantially different from the order it would have made if full disclosure was made: Barker & Barker [2007] FamCA 13 [123]. [...]  READ MORE →

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Family Law Lawyers and Mediation

For most of those dealing with their family law matter through the Court system, it becomes apparent very quickly that you might be in this for the long haul and it won’t be cheap. With a currently under resourced Family Court, the excessive delays no doubt add to the stress of separating couples who want nothing more than to be able to move on with their lives. So, what else can you do to try and take back control of your future? Well there are many alternatives but a cheaper and often underestimated option is Mediation. Family law lawyers are able to assess your particular situation and advise whether mediation is suitable in your circumstances. [...]  READ MORE →

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Separation Lawyer Advice for Parenting after Divorce

Separating from your partner is often a difficult thing to go through and how both parties choose to handle that separation can determine how well your children adjust to the new situation. It is not uncommon for children to find a way to blame themselves for the separation despite every intention a parent might have to prevent this. Making a conscious effort to minimise the difficulties faced by children in the aftermath of separation can make all the difference.  Speaking to a separation lawyer at the onset of the split may be beneficial in providing you guidance for parenting after divorce, and allow you to set up a positive routine for your children from the start, which will hopefully extend throughout the remainder of the proceedings. [...]  READ MORE →

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Child Support Lawyers Advice – Changing Child Support Agreements

When making child support decisions, separating parents have the choice of applying to the Department of Human Services (DHS) for an administrative assessment, or they can make a private agreement between themselves with the assistance of their child support lawyers. But what happens if a party disagrees with the assessment; or if a party wishes to alter an assessment due to change of circumstances?

Appealing a administrative assessment made by the DHS

If you do not agree with an assessment made by the DHS, you may be able to make an objection. Objecting to a decision takes the form of a formal review. [...]  READ MORE →

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Divorce Lawyers

It’s fair to say that divorce is almost always a traumatic event in one’s life. The stress and emotions that are associated with divorce often make people overlook important long-term practical and legal issues that can have a significant effect. Therefore, it is always recommended to seek legal advice when you are considering getting a divorce to obtain an overview of your legal rights and any potential legal issues. Our divorce lawyers at Matthews Folbigg Lawyers can assist in helping you through the traumatic process of a divorce to meet your divorce needs. [...]  READ MORE →

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Social Media Advice from a Separation Lawyer – The Do’s and the Don’ts

It is not uncommon for today’s generation to voice their opinions across various social media platforms such as Facebook, Twitter, Instagram and Snapchat. However, when it comes to family law matters a line needs to be drawn between posting harmless, entertaining posts and airing your ex-partners dirty laundry for all to see or badmouthing them so all your mutual friends know who the real “bad guy” is in the breakup. Although many perceive social media as a tool to catch up with friends, view the latest funny videos that everyone is talking about and to just spend some time out doing mindless scrolling, social media activities from the perspective of a separation lawyer are quite different. [...]  READ MORE →

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Property Settlement Agreement

The law encourages parties to negotiate and reach an amicable agreement as to the division of property following separation. If you have come to a Property Settlement Agreement with your former partner then you may wish to formalise this by entering into a binding property settlement agreement.

Sometimes parties come to an agreement without having properly considered the nature and effect of their agreement. When negotiating a Property Settlement Agreement some things to keep in mind include the following: [...]  READ MORE →

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Child Support Lawyers Advice to Separating Parents

When individuals with a child or children separate, there is more to consider than just the needs of either party; it is vital to ensure that the needs of the children are protected, this is where Child Support Lawyers may be of assistance. Child Support Lawyers are able to assist separating parties to work through appropriate arrangements for the future financial maintenance of the parties’ child or children. Child support is a payment by one of the parents to assist the other with the cost of looking after the parties children who are under the age of 18 years old, unless other factors cease the payments earlier. [...]  READ MORE →

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Do’s and Don’ts from a Separation Lawyer – Receiving Court Documents from your Former Partner

Often, the first time you become aware that your former partner has taken legal action against you is when Court sealed documents are served upon you, usually by a process server knocking on your front door.

Perhaps:

  1. You could not come to an agreement with between yourselves;
  2. You have not responded to earlier letters from their solicitor; or
  3. You have previously disregarded those letters or avoided service of documents.

Whatever the history may be, court sealed documents should not be ignored. Instead, you should equip yourself with basic knowledge and seek expert advice from an experienced family lawyer.

The Basics

If you have received Court sealed documents, this means that:

  1. Your former partner commenced family proceedings against you;
  2. More likely than not, your former partner sought legal advice and then instructed a lawyer to prepare the documents you are now staring down at;
  3. Those documents have been filed with the Court and the Court has set a court date; and
  4. You are now expected to file a Response and attend at Court.

The longer you hold onto those documents without seeking advice, the less time you and your separation lawyer will have to prepare your documents in response. Seeking legal advice sooner rather than later will enable your lawyer to obtain the necessary instructions from you and provide you with legal advice and practical solutions. [...]  READ MORE →