Parties to a separation will usually need to work out how they are going to divide their assets, property and debts accumulated during their relationship.

We can assist you in doing so by evaluating your matter and helping you realise your financial options, and can assist you to ensure you protect your interests. Importantly, seeking legal advice before you reach an agreement can help you understand whether you’re getting your fair share.

In the event you cannot reach an agreement with your former partner, the Family and Federal Circuit Courts can make orders in relation to financial matters. The Court will consider the facts in your matter and what is just and equitable, and the outcome will depend on the unique individual circumstances of your matter.

As at July 2016, there are specific time limits of which you should be aware in your financial family law matter if you seek they be resolved by going to Court. In particular, married couples have 12 months after the date of divorce to file an application in relation to financial matters, and de facto (un-married) couples must file an application in relation to financial matters within 2 years of the breakdown of your relationship.

For more information, contact us by email or telephone.

Spousal Maintenance

Maintenance is financial support paid by a party to a relationship to their former partner, where the payee is unable to adequately support themselves and the payer has finances in excess of reasonable needs.

The Court deals with spousal maintenance applications, being ‘spouse maintenance’, for married couples, and de facto couples, being ‘de facto partner maintenance.’ The court considers a variety of factors in determining whether there is a need for maintenance, and the extent of support will depend on what the other party can afford to pay.

For more information see the Family Court’s and Federal Circuit Court of Australia’s website or contact us!

Child Support

As at July 2016, the Department of Human Services is responsible for administering Australia’s child support scheme. You may seek to apply to the Department of Human Services if you wish child support to be assessed to be paid.

However, many parties make their own arrangements and agreements for the financial support of children and choose not to seek support via ‘The Department of Human Services.’ We can assist you in outlining the positives and negatives of making your own arrangements, and in drafting your agreement.

For information on child support, see our Child Matters section.

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