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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:

  1. Property Settlement Agreements differ depending on your particular set of circumstances.
  2. A fair Property Settlement Agreement may depend on the length of your relationship or marriage and this is just one of the factors to be considered.
  3. There may need to be an adjustment for financial contributions made prior to the relationship by either party.
  4. There may need to be an adjustment for one of the parties’ future needs such as their age, health, ability to work and their earning capacity.
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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.

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.

Option 1 – Child Support Administrative Assessment

Child support is assessed by the Australian Government Department of Human Services (DHS) using a formula dictated by the Child Support (Assessment) Act 1989.

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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
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How can a Marriage Lawyer help?

When your marriage or relationship breaks down, there are many things that you need to consider. No doubt, going through this will bring upon change and while emotions may be high, it is very important that you speak to a Marriage Lawyer.

What can a Marriage Lawyer assist you in dealing with:
  • How to divide your finances
  • How the mortgage is to be paid
  • Who should pay the mortgage
  • Whether you should contact the bank for special consideration
  • Whether it would be ideal to sell the house
  • Where the children should live
  • How much time the children should spend with your partner
  • What should happen with the children on school holidays
  • Whether you should seek child support from your partner

At Matthews Folbigg Lawyers, a Marriage Lawyer will work closely with you to ensure you are well aware of your entitlements when being advised about family law issues. A Marriage Lawyer can help you understand the process involved with Divorce; Property settlement; Superannuation; Separation agreements; Parenting and custody disputes and Child support.
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Speaking to a Divorce Lawyer about Treatment of Assets after Separation

When parties to a relationship separate or divorce, they will at some stage need to divide their property through the process of a property settlement. Time limits apply to applications to the court for property settlement.[1]

Sometimes there can be a significant delay between the date of separation and date of a final property settlement. This may be because one party does not accept that the marriage is over or they do not want to meet with a divorce lawyer.  It may also be because the parties just want to get on with their lives and avoid the perceived complexity relating to a property law settlement.  This type of delay can have an impact on the final settlement, particularly if one of the parties receives an inheritance or other large lump sum payment after separation.

It is often thought that property acquired after separation will be excluded from the property pool to be divided between the parties. This was an issue that the Full Court of the Family Court of Western Australia considered in the recent case of Calvin v McTier [2017] Fam CAFC 125. In this case the husband acquired a significant inheritance from his father’s Estate four years after the parties separated. The Trial Judge found the net value of the matrimonial property to be $1,340,319.00.  The inheritance remaining at the time of the trial was $430,686.00.

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Divorce Lawyer

At Matthews Folbigg Lawyers, a Divorce Lawyer will work closely with you to ensure you are well aware of your entitlements when being advised about family law issues relating to:

  • Divorce;
  • Property settlement;
  • Superannuation;
  • Separation agreements;
  • Parenting and custody disputes;
  • Child support.

A Divorce Lawyer at Matthews Folbigg family law specialists regularly provide professional advice to clients about how to protect their assets in the event their marriage or relationship breaks down (by entering into a prenuptial agreement), how best to make arrangements for your children following divorce and how to apply for child support following divorce.

How do you know when you can apply for a divorce?

Parties who have been validly married and subsequently separated for a period of at least 12 months may apply to the Court for a divorce.

Once a Divorce Application is filed with the Court, a hearing date is allocated approximately 6 weeks later. Before the hearing date, the Application must be served on your ex-spouse. There are rules about this and legal advice is recommended by an experienced Divorce Lawyer from Matthews Folbigg Lawyers.

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Prenuptial Agreement

More frequently spouses who propose to enter into a De facto Relationships or intend to marry are wishing to minimise conflict in the event that despite their best efforts, the relationship might not work out. Since 2002 in relation to married couples and 2009 in relation to De facto and same sex couples; the legislation has provided parties with a mechanism whereby they can enter into a binding financial agreement / prenuptial agreement which will govern the separation of their finances in the event that the relationship should break down.

There are certain requirements that must be followed to ensure that such agreements are binding.

The requirements include:

(a) That each party must be independently legally advised.

(b) The Agreement needs to identify the relevant legislative section that is relying upon.

(c) The Agreement needs to comply with the Family Law Act in terms of the specifics of what is being released and on what terms.

The court has a limited ability to rectify a defective agreement, however on the whole, if those legal requirements are not met, the parties can enter into an agreement but it may not be binding.

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Divorce Lawyer Parramatta

When a marriage comes to an end, you may find yourself feeling overwhelmed and emotional. You may also feel uneasy about taking the step of seeing a Divorce Lawyer and obtaining legal advice.  At Matthews Folbigg Lawyers our team of Divorce Lawyers are highly skilled and experienced in all aspects of Family Law including but not limited to:

  • Negotiation of property settlements;
  • Negotiations of parenting arrangements and child custody;
  • Representation of clients in court proceedings conducted in the Federal Circuit and Family Court;
  • Divorce proceedings;
  • Financial agreements and Child Support Agreements.

You need to have peace of mind that the Divorce Lawyer you choose is one that you can rely on and trust to deal with your matter to the best of their ability.

At Matthews Folbigg Lawyers, you can rest assured that your Divorce Lawyer will not see you as just another client. We take every client’s matter seriously and give every client the commitment and dedication that they deserve and tailor our advice to suit your matter and ensure that you understand the advice given to you by your Divorce Lawyer.  We will advise you of the progress and discuss options with you at every step of the way.

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