If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach. Seeking experience legal advice will help protect your financial interests.
Many people do not think about superannuation when it comes to negotiating property settlement after separation. However, it is often a significant asset of a relationship and should be considered when dividing property.
This article explores the various ways inheritance may be treated in property settlement negotiations, given that family law courts have significant discretion in the area.
Here, we explore the purpose and implications of formally recording your property settlement and the risks that may arise if you do not finalise all financial ties with your ex-partner.
Disclosure is a term used in family law proceedings that basically means providing all relevant information and documents to the other party. It is sometimes referred to as ‘full and frank disclosure’, and parties have an obligation to provide disclosure in both financial and parenting matters.
In family law matters, strict time limits apply to commence property settlement and spousal maintenance negotiations. The time limits will differ depending on whether you were married or in a de facto relationship.
Determining whether money or property received during a relationship is classified as a gift or a loan, can affect the outcome of any property settlement negotiations after separation.
Once Orders about property or spousal maintenance or adult child maintenance are made, referred to as Financial Orders, they are legally binding on both parties.