When negotiating property settlement after separation, how an inheritance is treated can vary. Judges in family law matters have wide discretion to decide whether it’s included in the asset pool and, if so, how it should be divided.
There appears to be a common misconception that you need to be divorced to commence or finalise your property settlement or that property settlement and divorce are both part of the same process. This is incorrect and likely an urban myth.
Family Dispute Resolution (FDR) is a type of mediation. It can be used by separated couples to resolve parenting and/or property disputes. We explore the types of FDR available to parties (both before and after court proceedings have commenced), the FDR process and commonly asked questions.
Are you separated/divorced and entering into property settlement negotiations with your former partner? One of the first steps will be to determine the value of your assets, liabilities and any financial resources but what happens if you can’t agree on values?
Using social media during a separation or divorce is totally fine - unless of course, you are posting about your ex-partner. It is important to understand that in Australia, using social media can have an impact on the outcomes of your separation and divorce.
Let’s assume you have reached a property settlement agreement with your ex-partner following your separation. The next step is to make your agreement legal and binding. It is important to get legal advice about your property settlement agreement and to make sure that the agreement is formalised.
This article answers common questions to help you apply for a divorce in Australia. It is important to understand that filing for a divorce is a legal process that is separate from settling parenting arrangements or having a property settlement.
When separating from your partner, there are many things you will be turning your mind to; like parenting arrangements if there are children, property settlement and spousal maintenance. Even if you agree on arrangements, it's still worthwhile formalising that agreement.
Many couples may have no option other than to remain separated under one roof, for a number of reasons including financial, convenience, for children etc. This article provides guidance around managing through a separation under the one roof.