Property Settlement for Defacto Couples
Provided you meet the abovementioned criteria of a de facto relationship under the Family Law Act, you will be able to apply for property settlement and maintenance orders. Whether you will ultimately be entitled to financial orders in your favour will depend on the circumstances of your case, as the Courts will consider the financial and non-financial circumstances as a whole.
Property settlement are orders dealing with a variation to the ownership of property held by (or on behalf of) either party. This will help accommodate a situation where the official ownership of assets and liabilities may not reflect the actual contribution of the respective partners to those assets. The court is required to take into consideration factors including the following:-
The contribution (both financial and non-financial) to the acquisition, conservation or improvement to the property of either partner;
- The contribution of a partner to the welfare of that couple and any children of the relationship in the capacity of homemaker or parent;
- The effect any order may have on the earning capacity of a party;
- Any child support payments provided, or for which a party may be liable for in the future regarding a child of the relationship;
- Any of the considerations relevant to a maintenance order (as discussed below).
Following the 2009 amendments, a de facto partner can also seek a superannuation splitting order, being an order which may give them certain ongoing rights with respect to superannuation assets in the name of their former partner.
Property settlements are not intended as a replacement for child support. Child Support is intended to compensate a party for the day-to-day expenses associated with looking after a child in the care of that party and is handled separately by the Child Support Agency (a Federal Government authority).
Property Settlement for Defacto Couples Articles
Family Law – What can I do if my partner has given away or transferred property during the relationship, separation or divorce?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to explain the court’s power to set aside transfers of property and transactions by a party to a relationship. This power is available to the court pursuant to s106B of the Family Law Act 1975. A claimant may apply to the court for an order under this section where a proposed or actual transaction or disposition of property by a party will have the effect or likely effect of defeating property and maintenance related orders under the Family Law Act 1975.
Family Law - Hidden Assets: How can the law protect you?
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.
Family Law - Property Financial Statements
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.
Family Law - Property Settlement Proceedings
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.
Family Law - Duty Exemptions in New South Wales for Transfers Between Partners
Date: May 18, 2011
Author(s): Mark Bostock LL.B., B.Bus.
Couples may wish to transfer property between them to various reasons. They may be motivated by tax minimisation, risk management, family breakdown or other reasons. Many transfers attract duty and any decision as to transferring applicable assets should be made with parties being mindful of the potentially substantial duty liability that may emerge.