financial settlement

Dating or De Facto: What's the difference?

The Family Court and Federal Circuit Court have jurisdiction to deal with the property of de facto couples who have separated. Separated couples however may not be sure whether they are ‘entitled’ to a property settlement, depending on whether or not they were living with their former partner.

So, you may ask, what is the difference between a de facto couple, as compared to a couple who has been dating?

Social media and separation: do's and don'ts

People going through a separation are understandably under a lot of pressure; often financially and emotionally. It may seem tempting to reach out to others on social media for support or validation but there can be serious repercussions and unexpected consequences of doing so.

Things to remember...

I’ve reached an agreement with my former partner, why do I need to meet with a lawyer?

There are many advantages of obtaining independent legal advice from a family lawyer. Most importantly, you will find out whether an agreement reached between you and your former partner is appropriate, based on your individual circumstances. There are also many practical benefits to obtaining legal advice following separation which you should take into account, including:

Duty of Disclosure: I’ll show you mine if you show me yours

Separated couples negotiating a property settlement have obligations to provide complete disclosure of their financial circumstances.

The duty is not only to your former partner, but the duty also extends to the Court itself. Pursuant to Rule 13.04 of the Family Law Rules and Rule 24.03 of the Federal Circuit Court Rules, parties must make full and frank disclosure of their financial circumstances.

Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?

Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?

If you want to enter into a property settlement, you need to understand the options available to you and make informed decisions.

What do I do next?

When a marriage or a de facto relationship ends, there are a lot of emotions being felt by both parties and those around them. There can be feelings of guilt, relief, anger and despair. These are all a very important part of the grieving and recovery process. As well as dealing with these emotions there are often questions about when issues of care arrangements for children, property settlement or divorce can be dealt with.