Most parents who separate at least start out with the best intentions for harmonious co-parenting and amicable future family gatherings.

However, the reality is that even in the most friendly and civilised separations, occasions will arise where both parents simply do not see eye-to-eye on certain matters. This is hardly surprising when you consider that, if everybody got along all the time, is it unlikely that a separation or divorce would ever have come to pass!

Perhaps you can’t agree on whether to allow the kids to spend time overnight with well-meaning but somewhat dotty Great Aunt Ethel. Perhaps one parent is fixated on the concept of an expensive private education, but is not prepared to contribute fairly to the costs of achieving this dream.

Or perhaps the informal agreement which was just fine when the initial terms of the separation were agreed on does not stand up to the test of time, different parenting styles or the introduction of new partners (and potential step-parents) to the situation.

Why formal agreements are necessary

Fundamentally, even the most amicable of separations, particularly where the interests of children are concerned, should have formally recorded property settlements and parenting arrangements in place. By arranging and recording any such agreements, the interests of both parents and, importantly, the children, are best protected if disputes arise.

This is particularly the case where there is a lot of disagreement as to how to approach post-separation parenting. In the event that general communication is difficult post-separation, as is often the case, a detailed parenting plan or agreement will clearly set out the rights and obligations of each parents in an objective document.

Whether your relationship with your ex-partner is a positive one or needs a bit of work, it is indisputable that negotiating about matters involving children is highly emotive and challenging.

By engaging a highly qualified and experienced family law specialist you can take the stress out of having to reach a resolution with your former partner, and make the process of negotiating and recording parenting plans and agreements as simple as possible.

Crucially, their expertise will assist you in considering matters and circumstances which should be recorded in a formal parenting agreement, but which may not necessarily be obvious to you at first look.

How we can help

Regardless of whether you are at the beginning of your separation journey, or you might have already obtained advice which you have found confusing or unsatisfactory, at Pentana Stanton Lawyers, we can walk you through each step of the post-separation process. This includes discussing your key objectives and

priorities for the welfare of your children, negotiating with your former spouse and their legal representatives and drafting a cohesive and official parenting agreement which clearly records your intentions. Contact us today to assist you in reaching agreement with your former spouse in relation to the needs of your children.

Separation can bring with it many personal and financial hurdles. This is often a time of great complexity and personal stress. Good family lawyers understand that they are not simply dealing with a client – they are in fact helping an individual human being during a difficult life event.

A key question that a separating spouse will face is: How much am I entitled to? The answer to this might not be a simple equation.

Your family lawyers should be able to skilfully assess your settlement entitlements and manage your expectations during this difficult phase. For those who have yet to seek legal advice on separation and settlement, it is important to look for advisors who are experts in the latest developments of family law.

A simple split?

In all but a few cases, separating spouses will not be faced with a simple ‘50/50 split and we’re done’ scenario. This not because family lawyers are seeking a complex path.

The reality of life before and after separation is that many factors need to be taken into account in order to establish a fair settlement. In fact, some clients who are expecting only a small entitlement might find that they are entitled to more. 

Contributions during the relationship

Contributions are not restricted to simple financial input. Take for example a couple where one works outside the home and the other takes care of children and the household. Such non-pecuniary (‘non-dollar’) contributions must be accounted for under family law for the purposes of ascertaining settlement entitlements.

Family courts accept that when it comes to the size of an asset pool, it has usually taken more than just the input of money to make this grow.

Contributions before the relationship

In some cases, the law will recognise that certain assets were accumulated prior to the relationship. This might include cars, real estate or other items of value.

However, dealing with these might not be simple. For example, if a vehicle was brought by one party into a relationship that lasted many years, it might be the case that this is now simply considered to have become a part of general assets.

Conversely, one party might have brought a large real estate asset into a short-lived spousal relationship – and this can affect entitlements. It is important to know where you stand on such issues

Future options

The future also has a part to play in working out settlement entitlements. This might seem an odd statement, but family lawyers understand that courts will expect that settlement will occur in a way that is fair both now and into the future.

An important part of this is consideration of the future earning potential of the parties. If for example care responsibilities have placed one party in the position of having minimal future prospects of employment, then this can affect the division of assets. It can also play a part in establishing any child support or related entitlements into the future.

Consult the experts

For people facing separation, taking the first steps can feel daunting. At Pentana Stanton Lawyers, our family law solicitors will confidently act on your behalf in a way that will help reduce the stress of separation, while seeking to maximise your entitlements. We will always act in your best interests. To begin your journey, or to clarify your current position, please get in touch. We will be happy to provide you with expert one-on-one advice about the best way to receive a fair and positive settlement.

Divorce rates may be stagnant, but they are still at an all-time high. While many people will talk about asking the right questions when getting married, they will rarely reflect on the right questions before planning for divorce. 

If you feel frustrated with your partner and marriage, and feel divorce is the only way out, then it is important to ask yourself the right questions before going ahead initiating the process. This is particularly the case if you have been married for over a decade and more. Your assets are probably combined, and your children are probably grown – planning for a future alone may be scary. 

1. Why do I want to get divorced?

It may be difficult to be objective with a question like this, but boredom in a marriage isn’t always solved by divorcing. Many couples reach a point where routine can become monotonous and mundane. It could be time to change things rather than run for a divorce.

2. How will it affect my children?

If you’ve been married for around 20 years, then it is likely that you have a teen or adult children. How will divorce affect them? Are you experiencing empty nest syndrome? How will your children react? For many adult children, while they wish their parents to be happy rather than be in an unhappy marriage, they also want their parents to get on. It is difficult to be expected to take sides.  Just because your children are adults does not mean they will find it easy. You will need to be prepared for this.

3. How do I feel about dating or marrying again?

If you are someone who does not enjoy being alone, then it is worth thinking about how you will feel about entering the dating scene after 20 years. While many may find it exciting, it can also be daunting and disappointing. Those you date are likely to have separated from their partner and have children and possibly grandchildren in their lives.  There is a lot to deal with in repartnering. Instead of potentially victim to the “grass is always greener” mentality, it might be worth thinking about whether it is worth investing more in your current relationship.

4. Can I give up other relationships?

Divorce isn’t just about losing a life partner. If you get on with your parents in law, for example, it may mean ending that relationship too. Moreover, if you have couple friends, you may find that people stop inviting you over too. Divorce will mean a change of dynamics and while hopefully you will maintain your friendships and those important in your life, there may be relationship casualties that you did not anticipate.  It is important to accept that there will be a lot of change in many of your personal relationships.

Pentana Stanton Family Lawyers

If you have mulled over every consequence of divorce and still believe it is the right path for your marriage, then it is time to contact your local law firm. 

At Pentana Stanton Lawyers our professional team of experienced family lawyers can guide you through the divorce process, ensuring that you have a fair and agreeable outcome. We can help negotiate an out of court agreement, and if necessary, we can also represent you in court too. Get in touch today and we will assist you all the way.

A major area of family law is divorce. Unfortunately, divorces can create all sorts of additional difficulties if handled improperly and without professional legal guidance. If you’re going through a divorce, don’t despair. Pentana Stanton can help advocate on your behalf and arrange for guidance and representation throughout the divorce process. Here are five common difficulties of divorce and how you can overcome them.

1. Stress

Divorce can be an overwhelmingly stressful experience. Not only are you dealing with adjusting to an ended relationship, but you also have the added stress of dealing with legal disputes over property settlements and/or child custody. Pentana Stanton Family Lawyers can help you achieve favourable resolutions and will provide you with a personable yet professional approach every step of the way.

2. Co-Parenting Arrangements

If you’ve got children from your marriage, you need to ensure that your rights of custody are fair and equitable. The thought alone of being left with heavy alimony payments and no visitation rights can be unpleasant and stressful, not only on you but also on your children. The best way to negotiate for a better co-parenting arrangement is by allowing our professional solicitors to represent you.

3. Division of Property and Assets

If you’ve got a significant amount of property that you stand to lose, you’ll want to consult with a family law expert in order to help you retain as much of your assets as possible. In property settlement, one big mistake many people make is that they don’t properly account for all of their assets and end up losing more than expected to their spouse. Documentation, financial reports, and income tax statements can all help your lawyer to accurately ascertain your equity and thereby settle for a more favourable division of your assets.

4. Telling Friends and Family

Don’t neglect the emotional impact of divorce when it comes to telling your friends and family. Although you may be tempted to disclose frustrating aspects of the divorce with your friends and family, specific details should be best left to your lawyer during the divorce proceedings.
It may help you to confront your fear of telling friends and family, but don’t go sharing everything on social media! Be cautious about revealing details until a settlement or verdict has been reached.

5. Making Decisions During an Emotional Time

Clouded judgement, frustration, and stress can all lead to irrational or emotional behaviour during the divorce. While easier said than done, try to remain calm and composed and temper your emotions when dealing with your divorce. Professional family law practitioners can remain pragmatic and ply their expertise and knowledge of family law in Australia to help reduce much of your burden.

How to Overcome Divorce Difficulties

Overcoming divorce can be made much easier by getting the right support from experienced family lawyers. This way, you are not alone, judgement won’t be clouded by emotions and the process will be handled as professionally and efficiently as possible.

For some couples going through a difficult period or breakup, taking some time to live apart is a no-brainer. But moving out immediately is not easy and in many cases, it is not always financially viable to do. Especially when you have a family together, share a mortgage and any other assets. Many separated couples end up living together for a period of time before they establish long-term living arrangements. It is oftentimes uncomfortable and can end up being the butt of many jokes but it is definitely not a rare occurrence.

One of the most commonly asked questions surrounding separation-based legal proceedings is whether or not living apart is required to prove separation. When filing for divorce or legal separation, while it certainly is easier to clarify when each individual has a different living arrangement – it is not a requirement. There is no law that states you must be living in separate homes, just that you are living separate lives.

What Is Separation Under One Roof?

Separation under one roof is the term used to describe couples who are no longer together in a romantic relationship but are still living together practically. Providing evidence of a 12 month separation period is required when filing for divorce. In a situation where two ex-partners have been separated under one roof for some or all of the 12 month period, extra information needs to be supplied to the Court to prove that you have been living separate lives.

What Constitutes Living Separate Lives?

Living separate lives means that you and your ex-partner no longer spend time socially together or perform tasks together as a couple. This includes:

  • No longer sleeping together
  • Dividing finances
  • Changing wills, superannuation
  • Making arrangements about caring for children
  • A change in your previous living style
  • Changed arrangements for your household

What Extra Information Do I Provide When Applying For Divorce?

If separation under one roof applies to you, then you will need documentation that shows you and your ex-partner have been living separate lives. You should support your divorce application with an affidavit and consult a reliable legal professional who specialises in family law in Dandenong for advice.

An affidavit is a written statement by a party or a witness used to supply evidence to a Court. You need to swear or affirm the affidavit before a person authorised to witness affidavits like your lawyer or a Justice of the Peace.

In addition to proving that you have been living separate lives by demonstrating the points above, you will need to explain:

  • Why you and your ex-partner continued to live on the same premises,
  • What intention you have of changing the circumstance,
  • Living arrangements made for children or dependents of the marriage aged under 18,
  • If you are receiving government benefits e.g Centrelink, DHS (child support), what government departments you have informed of your separation.  

Will I Lose My Property Rights Once I Do Leave My House?

This answer is a resounding no. You should not feel deterred to leave your property or your partner out of fear of losing property rights. Leaving does not equate to losing your share of your house or any other property for that matter.

Even if your name is not on the title of your family home, in the event of separation and divorce, you can legally protect your interest through what is called a caveat. To learn more about this, you should seek legal assistance from an expert in family law and property settlement.

It always best to discuss your situation with a professional as soon as you can to start with the right steps towards your division of property legal arrangements.  Living under the same roof for a period during separation should not have to make things a lot more difficult than they have been.

Like all matters relating to your private life and relationships, going through a separation is a very personal experience. When going through these trialling times, be careful not to rely too heavily on the advice people give you if it is mostly based on their own experience.

Separation can mean very different things to different individuals so during this time you should take extra care to not be influenced by outside opinions too much. After all it is only you and, if applicable, your children, who first-hand experienced your marriage or de-facto relationship and have the most at stake.

When Separation Does Not Lead to Divorce

Those who are convinced that separation is always a precursor for divorce believe this because it’s either happened to them before, or they’ve witnessed it happen to someone close to them. While the majority of the time it does lead to the dissolution of a relationship, a period of marital separation most certainly does not always end in divorce. In fact, at times, although rarer, it can even help create stronger, lasting relationships.

In Most Cases, It Still Doesn’t Mean Getting Back Together

Sometimes, it leads to a breakup, but, one that is more mutually agreeable and understanding than it would have been otherwise. Nobody plans for their relationship to turn hostile, taking some time apart to re-evaluate your compatibility and gain some clarity on what your personal needs are moving forward can be a valuable experience for avoiding heated “battles” which can lead to or are commonly associated with relationship breakdowns.  Relationship counselling can also be helpful during separation.

In the best scenario; you and your spouse separately achieve a sense of clarity around continuing to live apart and ending your relationship or reconciling your relationship and moving forward as a couple. If you reconcile there is little adjustment that may be required to your legal status, assets or your children.  When your separation does lead to a final breakdown of the relationship you should seek legal assistance from a professional lawyer experienced in family law. With some good legal counsel this can make negotiating your living situation, property settlement, child custody arrangements and legal separation a lot easier and hopefully less lengthy and tedious.

When Separation Does Lead to Divorce

In most situations, separating from your spouse or de-facto partner will lead to permanent separation or divorce. If experiencing what your lifestyle might look like without your partner brings you relief, then this will likely be the case for you.

Sometimes, due to practical, financial or family arrangements, couples continue to live in the same property during separation. If it is safe and viable to do so, and, you and your ex-spouse are comfortable enough to live separate lives while temporarily sharing your living space, then you should not feel pressured to rush your relocation – especially if it means putting yourself or your children in an unsafe or financially risky living situation.

Living apart is not a requirement for proving separation or commencing divorce proceedings. Make sure to talk to a legal professional about your rights and the required documentation you will need to prove separation under one roof.

In order to apply for a divorce, you and your spouse need to have been separated for at least a period of 12 months. In order to safeguard your assets and avoiding rushing later on, you can use this time to start arrangements like your property settlement. There is no limit on when you can start your property settlement application, however, the deadline for property adjustments is one year after divorce is finalised. For defacto couples, it is two years after the breakdown of the defacto relationship.

In Any Situation, Seek Good Legal Counsel Early

There is no need to make a challenging time even harder by trying to take it all on by yourself. When going through separation and divorce, ensure that all your legal arrangements and rights are explained to you and prepared correctly by consulting with our family lawyers in Dandenong.
You are not alone.

Divorce can be a painful and difficult time not only for you and your former partner, but also your friends and family. When a marriage simply doesn’t work, a divorce may be the way for both parties to lead happier, more positive lives. The process of getting a divorce in Australia can be complex, so it’s important to have a skilled solicitor in Dandenong by your side to help you.


At Pentana Stanton, we have the skills, knowledge, and experience to help you navigate divorce proceedings. If you’re considering a divorce or you’re just beginning the divorce process, here’s what you need to know about Australian divorce law.

Eligibility for Divorce in Australia

There are certain criteria that must be met in order to be eligible for a divorce under Australian law. In order to be eligible for divorce, you need to meet one of the following requirements:

  • Currently live in Australia and plan to continue residing in Australia
  • Are an Australian citizen
  • Have lived in Australia for the last 12 months

In addition to meeting at least one of these requirements, you must be able to prove that you’ve been separated from your spouse for a minimum of 12 months and have lived separately during that time. There are circumstances where you may still live under the same roof but additional proof will be needed to satisfy the Court if you have lived separated under the one roof.

Applying for Divorce

You can now apply for divorce online using an interactive online questionnaire. This questionnaire will help you determine your eligibility to file for a divorce in Australia. If you are eligible, you will be able to complete and file your application online

Costs

The costs of a divorce is far cheaper than a wedding and is made up of three components.

01. Court Costs

The Court changes a standard filing fee for a divorce in Australia. This is currently set at $900, however, there are special circumstances that may allow you to pay a reduced fee of $300. These include if you hold a health care card, pensioners card, or any other concessions card or if you’re under the age of 18, to name a few.  When filing a joint application, both parties must meet the reduced fee eligibility guidelines in order to be approved for the reduced fee.

02. Legal Fees

Your lawyers legal fees for preparation and appearance in your divorce are set by them and will be given to you when you begin the process.

03. Process Server Fees

The application for divorce must be given to the other party to the marriage.  You are not able to do this yourself. Your lawyer will engage a professional to carry out this service and their fees will be the third cost.

No-Fault Divorce Principle

Australian divorce law does not consider the reason for the divorce, only that the relationship has no reasonable likelihood of continuing. Part of the no-fault principle is the 12-month separation requirement. When a married couple is separated for more than 12 months, it proves to the court that the marriage is beyond repair.

Family Concerns

If you and your spouse have children, there are additional considerations to court proceedings and eligibility. Australian courts will only grant divorce approval if proper and reliable arrangements have been made for your children. If you have children under the age of 18, attendance at the hearing is required. The act of being granted a divorce does not dictate child arrangements, and these arrangements should be sought after by coming to an agreement with your spouse, negotiated with the help of your family lawyers in Dandenong, or through additional court proceedings.

Pentana Stanton

Navigating a divorce can be a trying time for everybody involved. Emotions often run high, families become separated and children can be impacted – no matter how hard you try to limit it. If you’re going through a divorce, you don’t have to go through it alone. To avoid difficulties and unexpected surprises, it is best to engage a lawyer to handle your divorce.  Then it is more likely to be granted smoothly. The team at Pentana Stanton is here to help you not only with understanding the various steps in a divorce, but to also help you succeed after your divorce is finalised.
For more information on how we can help, contact the team at Pentana Stanton today.

 

We know divorce can be confusing. As family lawyers, we are faced with many questions on the matter every single day. Honestly, we see asking questions as the best first step anyone can take because an understanding of the process and your rights is key to minimising hassles and time-wasting. Here are the answers to the 10 most frequently asked questions about divorce.

How do I apply for a divorce?

Your divorce application can be submitted either as a sole application; by yourself or together with your partner; a joint application. When you file your application you need to pay a filing fee of $900 (although you may be eligible for a reduced fee). You can submit your application online to the Commonwealth Courts Portal, in person or by post.

Can I get divorced without going to court?

It is possible to get divorced without going to court. This would normally be in circumstances where the divorce is uncontested and both parties are agreeable in regards to the marital settlements and all paperwork is accurate and filed accordingly. However, this is not an option if there are any children of the marriage under 18 years of age.   

How long does it take to get a divorce in Australia?

Firstly, you cannot apply for a divorce until you have been separated for at least 12 months. You can however, still apply for a property settlement while separated, and start any necessary divorce preparations or conversations with your spouse or lawyer and potentially save time.

After filing for divorce, the process will last at least a few months. If granted at your hearing, your Divorce Order will be issued by the Court one month and one day after the hearing date.

Am I eligible to apply for a divorce in Australia?

Your are eligible to apply for a divorce if the following apply to you.

  • You are an Australian citizen or have been lawfully living in Australia for 12 months or more and intend to keep living in Australia.
  • Your marriage has broken down without any likelihood of getting back together.
  • You have been separated from your partner for at least 12 months and 1 day.

How long do you need to be separated before you can apply for a divorce?

The separation period before filing for divorce is at least 12 months and one day.

Are assets divided 50/50 in divorce?

No, the ‘50/50 rule’ is a common myth, there are no laws or standards enforcing this. Dividing property in a divorce depends on numerous factors regarding the parties involved and although an equal balance might be ideal in some cases, it is not always the most appropriate solution.

How much will a divorce cost?

There are numerous costs associated with divorce so this answer will vary depending on your circumstances. In all cases, the compulsory filing fee for a divorce application is $900, or if you are eligible for a reduced fee – $300 (as of July 2018). You may need to pay additional filing or court fees, they are listed online. Then, there are the legal costs which will depend on the complexity of your case, the types of legal services and your lawyer’s rates.

Can you be separated and live in the same house?

Yes, some couples will continue to live in the same house for a period of time after separating, usually for financial or practical reasons. If you lived in the same house during some, or, all of the required 12 month separation period before applying for divorce, you will need to provide some extra information to the court to support your application.  Your lawyer will be able to assist you with this to ensure the Court will grant your divorce.

Can a party refuse a divorce?

Yes, in some cases, one party might oppose or refuse to sign divorce papers. This does not however, affect the right of the other party to seek a divorce or prevent the divorce from happening. You can still file a sole application for divorce and if the grounds for the divorce are satisfied, the court will still grant it.

How does a divorce affect my will and superannuation?

In divorce, your superannuation is considered as property so, like any other property or financial assets, you can arrange its division through an agreement like a consent order or binding financial agreement. How a will is affected by divorce varies in each state and territory. In general, your will takes effect as if your former spouse has died before you. Seeking legal help, reviewing your will and its validity is generally advised after divorce.  

This is only general information, for any other enquiries or more detailed assistance with your separation, divorce process, or your will, contact the family lawyers at Pentana Stanton today.

When it comes to property settlement, it is always recommendable that you get started sooner rather than later. While there is no minimum time period for making the necessary arrangements, strict time limits do apply to the submission of your property adjustment applications. This is regardless of your marital or de-facto status.

At Pentana Stanton, our legal team specialise in family law including property settlement. In order to help you get the fairest outcome possible, we have outlined the process and first considerations you should make in the early stages. If you’re not ready just yet to contact a professional family lawyer, carefully consider the following points to get an idea of what to expect.

Think About Property Settlement When Separated

While we understand that separation and the breakdown of a relationship is an emotionally taxing time, starting the necessary preparations while you are separated can save you a lot of time and stress after your divorce as the impending time limits will be much sooner.

Application time limit if you were married

The time limit for a property adjustment application is strictly one year after the date that your divorce is finalised. Keep in mind, a divorce can only be applied for after one year of separation.

Application time limit If you were in a de facto relationship

You are not exempt from the stringent time deadlines, In these cases, you must submit your property adjustment applications within a two years period after the breakdown of your de facto relationship.

You should not delay the property settlement process because you are waiting to obtain a divorce. It is important to be aware that you can negotiate and apply for a property settlement before applying for a divorce.

The Property Settlement Process

The property settlement process follows the following four steps.

1. Identification and valuation of the couple’s assets, liabilities and financial resources

This includes financial accounts, credit cards, owned vehicles, investments and share accounts, businesses, credit card debts, debts from loans (personal or business) and mortgages. Note that superannuation is classed as a different property type, your lawyer can clarify what the process there is further.

2. Assessment of financial and non-financial contributions

Financial contributions include direct contributions such as wages and salaries from each party as well as indirect contributions such as gifts and inheritance from family. Non-financial contributions include factors such as caring for children and housekeeping and maintenance.

3. Determination of the future needs of both parties

This varies depending on factors such as age, health and requirements of each individual party.

4. Evaluation of whether the decisions taken in the first three steps are just and equitable in all circumstances

Based on all the information provided, the aim will be to determine what a just and equitable division would be for your case.

Seeking Legal Assistance

Our lawyers in Dandenong at Pentana Stanton have helped couples achieve favourable outcomes in instances where couples have resolved the matter on their own as well as when they have had to go to court.

While it’s not always possible, many prefer to not have their cases settled in Family Court. Our legal professionals will ensure that you are provided with practical legal advice on how you can negotiate effectively with your partner and settle disputes amicably and cost-effectively.

Our legal team who specialise in family law and property settlement is the best support you can have to minimise any issues or delays with the process, especially if your case does end up in court. We will advise you in relation to your rights in all matters, drafting documents or agreements with attention to accuracy and represent you in court to obtain a property settlement.

So be sure to start thinking about your shared property early and contact our team for compassionate legal support when you’re ready to commence the process.

If you’re looking for family law specialists, then speak to our experienced staff today.

Unfortunately, most cases of divorce are not as simple as terminating a contract and moving to another home without your soon-to-be-ex-partner. There are matters you’ll need to take care of regarding the separation of your joint and shared assets. This is where property settlement is concerned.

So, what is a property settlement in a divorce?

Contrary to what it sounds like, property settlement is not just the arrangement of ‘who gets the home’. Throughout a relationship and marriage, couples will tend to accumulate joint assets, debts and liabilities. This can include any of the following.

  • Joint financial accounts such as savings or credit card accounts
  • Vehicles owned
  • Share accounts and any shared investments
  • Businesses
  • Credit card debts
  • Loans whether they are personal or business
  • Mortgages (the obvious)

Please note that superannuation is considered a different type of property and has its own dedicated process, you can ask your legal professional about this for more information.

The property settlement process allows you and your former partner to legally determine how you will be dividing any of the above assets and liabilities.

What if I am seeking a property settlement from a former de-facto partner?

Property settlement is not a process specific to divorce. If you are separating from a de facto partner and share any of the above types of assets or debts, then it’s in your best interests to undergo a property settlement process as you will still need to arrange how you divide these.

Although the principle is the same regardless of your marital or de-facto status, there are some terms that may differ slightly. An example of this is the deadlines for property adjustment applications.

Make sure to seek legal counsel to clarify the conditions that apply to your circumstances.

Are assets always split 50/50 in a divorce?

This is a common question but the answer is an easy no. How your property is divided in a divorce depends on numerous factors regarding you and your partner’s situation. While in some cases an equal 50/50 may be the goal for both parties, it is not always the most appropriate solution and there are no regulations or law that set this as a standard or starting point. The ‘50 50 split rule in family law’ is purely a myth.

How are assets divided in a divorce in Australia then?

In the Australian Family Court, the factors that are taken into consideration when a decision is made regarding the division of assets in a divorce, include the following.

1. Identify all property of the parties and gain a valuation
2. Assess the financial contributions of each party to the marriage
3. Considering non-financial contributions of each party i.e caring for children or homemaking.
4. Identify the future needs and requirements of each party
5. Determine what a just and equitable division would be

As you can see, this is a very personal process that can vary significantly in each case. Overall, decisions made are based on understanding your shared property pool and considering the contributions and requirement of each party. Accurate information and honesty with your family law professional are very important for gaining the most just results.

How long does a divorce property settlement take?

Like many of the above questions, this answer is also variable. Experiencing issues with your application process will probably delay you, as will any inaccurate information in regards to your assets, debts and contributions.

Time limits apply for your property adjustment application. If you take too long to submit your application you may lose your chance to pursue property adjustment. This is 12 months after the divorce is finalised or 2 years after the breakdown of a de facto relationship. Special permissions for extensions can be applied for but they are are not always granted.

At all costs, avoid lengthy negotiations with your partner. If it seems that you’re going in circles trying to come up with mutually agreeable solutions, it may be better to avoid having these conversations between yourselves alone and instead, communicate in the presence of, or solely via your lawyers. Get your information prepared as early as possible so your application can be submitted as early as possible.

Finding The Right Legal Help For Property Settlement | Pentana Stanton

At Pentana Stanton, our Melbourne legal experts specialise in Family Law. We empathise with our clients going through divorce and settlement processes and are compassionate and results-driven in our approach. Our team can communicate in a number of different community languages. Consult a family lawyer to avoid mistakes and delays and get more legal information. This way, your property settlement process can be done and dusted in a clear, equitable way.