Property Settlements
When married or de facto couples separate, it is important that the assets and liabilities of the relationship are divided fairly. There is no presumption at law that separated parties should share equally in the assets and liabilities of the relationship.
The Family Law Act 1975 (the Act), sets out the legal principles that the Court considers when asked to decide financial / property disputes after the breakdown of a marriage or de facto relationship so as to achieve a just and equitable outcome. The key principles are set out under sections 79(4) and 75(2) of the Act for married couples or sections 90SM(4) and 90SF(3) of the Act for de facto relationships |
Parenting Arrangements
When a relationship ends, the law expects parents to place the best interests of their children ahead of their own and agree on parenting arrangements that enable the children to have a meaningful relationship with both parents. The exception to this general rule is where the children would be at risk of harm or where it would not be reasonably practicable for such arrangements to occur.
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Child Support
When parents separate, it is vitally important that appropriate financial arrangements are put into place to ensure that the financial needs of the children are met. Child support usually involves one parent paying another parent a sum of money each week to assist with the children’s general living expenses.
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Family Violence and Intervention Orders
Family violence is very broadly defined and includes physical, sexual, emotional, psychological, verbal and financial abuse and property damage. The law generally considers that children have been subjected to family violence if they hear, see or are around family violence in any way. An Intervention order is a legally enforceable document that aims to provide protection to the persons named on the order – which often includes affected children.
If you are concerned about your personal safety or the safety of your children, you should contact the police IMMEDIATELY. |
Preparation for FDR/PDR Conferences
In most circumstances, the law requires you to attempt out of court negotiations before commencing legal proceedings. Many separated couples find Family Dispute Resolution (FDR) and / or Property Dispute Resolution (PDR) helpful for the purpose of reaching agreement as to how they will care for their children and divide their assets and liabilities after separation. We strongly recommend obtaining independent legal advice before commencing FDR, PDR or private mediation.
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