Children (Marriage or Domestic Relationship)
Your separation ends your marriage or domestic relationship, but not your responsibility to your children. We suggest you seek advice from one our lawyers in order that your legal obligations be explained to you.
Property (Marriage)
Where the parties to a marriage own property together, it is desirable that the parties resolve any issue regarding the division of that property, and obtain Family Court orders so that all financial matters between the parties are resolved, ensuring there will be no claims in the future.
If you agree to a particular settlement, it is essential that this settlement be drawn up into a written agreement which can be filed in the Family Court, and becomes an order of the Family Court. Agreements that you reach are not binding unless approved by the Family Court or prepared by a lawyer in a proper format being a Binding Financial Agreement.
Property (Domestic Relationship, Formerly De Facto Relationship)
The law relating to division of property between domestic partners was generally dealt with by the State or Territory Courts. From 1 March 2009 the Family Court deals with all property and children’s matters of people married and/or domestic relationships including same sex relationships. To find out more regarding your marriage or relationship and when you need to commence proceedings, speak to a lawyer. The superannuation of married or de facto couples who have separated or divorced can now be divided by agreement or court order (from 1 March 2009 for de facto couples).
Superannuation
The superannuation of married couples who have separated or divorced can be divided by agreement or Court Order. This means that superannuation can be split, allowing all or part of the benefit to be transferred from one spouse to another. If you, or your spouse, have superannuation, it will be important for you to obtain legal advice in relation to you and your spouse’s potential entitlements.
Divorce/Dissolution of Marriage
Divorce is the legal ending to your marriage. It does not, of itself, resolve issues in relation to your children, nor does it resolve any issues regarding the division of your property.
You cannot apply for a divorce/dissolution of marriage until you have lived separately and apart for a period of 12 months. After that time, an Application for Dissolution of Marriage can be filed with the Family Court.
Once a Divorce Order has been issues by the Court, you have 12 months only within which to make an application regarding the division of your property.
Child Support
The Child Support Agency is a branch of the Australian Tax Office. Its computers are linked to the Tax Office and to the Department of Social Security. The Agency assesses the level of child support that the non-custodial parent should provide. The Child Support Agency also collects that assessed child support.
You can make an application to seek a change of the Child Support Agency's assessment and we can assist you if you are experiencing difficulties in managing this often complex area.