You should bear in mind that because of the very nature of family law (and defacto property) each case will be determined on its own facts by the relevant Court under the Family Law Act or in the case of unmarried couples where they have separated prior to 1 March 2009, under the Property Law Act (Qld) (state legislation).
NB # Separating defacto couples can now have their property issues dealt with in the Federal Magistrates Court or Family Courts under Federal Legislation. Separating defacto couples can elect to have their matter finalised under Commonwealth Legislation (Family Law Act) where they have separated prior to 1 March 2009 and if separated after that date will automatically be dealt with under the Family Law Act.
The Family Law Act now allows defacto couples to have the same rights as married couples, allowing them to enter into financial agreements prior to entering a defacto relationship, during the relationship and when the relationship ends. Superannuation splitting laws and spouse maintenance rights and responsibilities now apply to defacto couples.
WHAT TO DO?
First of all seek advice and don't become overwhelmed. Make sure that your actions are reasonable so as not to lead into serious conflict (which might lead to unnecessary Court proceedings). If you are contemplating separation you should seek advice from a competent family law solicitor. If you and your partner are not able to reach an agreement about how to resolve your property issues you should seek legal advice in relation to your particular circumstances. Be wary of advice to commence court proceedings without first considering your other options. Alternative dispute resolution should be the first port of call in most cases, except where family violence and/or abuse of children would prevent that approach.
If you have reached an agreement regarding property issues you should formalise the agreement to ensure that all financial issues are finalised between you in accordance with the provisions of the Family Law Act. This can be achieved by way of Consent Orders or a Binding Financial Agreement. Without a legal end to property issues litigation in the Family Court will remain a possibility even if you are divorced.
Contact us for:
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Advice on your legal position;
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Advice on how to minimise and/or remove the possibility of future litigation by way of Consent Orders or a Financial Agreement.
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Prenuptial Agreements, Financial Agreements during a marriage.
After all your financial future will depend upon the quality of the professional assistance you obtain. Where property and children's issues are in dispute it is imperative that you are properly informed of all of the methods of resolving the issues in dispute.
We are committed to obtaining the best possible outcome for you and your family through alternative dispute resolution methods unless Court proceedings are indicated by the facts of your particular case.
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