There is a common misconception that property should be divided on a 50/50 basis following separation. This is often not the case, in many situations a party receives more than half, sometimes significantly more. It is important that you obtain independent legal advice regarding your entitlements before you reach any agreement to divide your assets.
Following the breakdown of a marriage or de facto relationship, you may be required to pay or entitled to receive spousal maintenance. While spousal maintenance is not relevant in all matters, it is particularly common where one parent focuses on raising children or one party is no longer employed in a family business after separation.
There are certain criteria that need to be met for a spousal maintenance claim to be successful. Our family lawyers can advise you about this.
The Family Law Act provides for a mechanism to transfer superannuation from one party’s fund to the other. This is often required when there is a large disparity in superannuation entitlements, which most often occurs when one party is the primary income earner and the other is a stay at home parent. The splitting mechanism is only available if Court Orders are made or a Financial Agreement is entered into. We can assist with this process.
Co-parenting of children following the breakdown of a relationship is one of the most difficult challenges that parents can face. Having access to clear advice that takes into account the unique circumstances of your family can help make the challenges more manageable and achieve better outcomes for you and your children.
Seeking legal advice early is key because the Court focus heavily on the status-quo and so it is important to make the right decisions early on. Every family is different and our solicitors are experienced in all areas of children’s matters and can advise you in the particular circumstances of your family.
Our solicitors are all knowledgeable about child support matters, particularly complex cases where payment of school fees, mortgages and other family costs impact the amount of child support payable.
Adult child maintenance
Child support generally ceases when a child turns 18 years or completes their secondary education. However, the child’s needs do not always end at the same time. Some children are entitled to claim adult child maintenance from one or both of their parents.
Our solicitors act for children and parents in relation to adult child maintenance claims.
Australia has a “no fault” divorce system, which means that you only need to be separated for one year before you can apply for a divorce.
Divorces can be straight forward, however complications can arise if you have lived under the same roof during your separation, if you have difficulties serving the other party or if you do not want to attend the Court hearing yourself.
our divorce lawyer is able to assist with all aspects of this process.
De Facto relationships
If you have lived with your partner for more than two years, have a child together or have made significant contributions to joint finances then you or your partner may be entitled ot a de facto relationship property settlement, superannuation split and spousal maintenance.
While the process is similar to that for married couples, we can advise you regarding whether a de facto relationship exists and what your entitlements may be.
We are one of the few law firms in Adelaide who are experienced in the complex area of Financial Agreements, which were previously commonly known as “Pre-Nuptial Agreements”. Financial Agreements can be entered into before, during or after marriage (or de facto relationship)
If prepared properly in accordance with the Family Law Act, Financial Agreements can help to avoid costly legal disputes in the event of relationship breakdown.
There is legal precedent regarding the setting aside of previous Financial Agreements. If you have entered into a Financial Agreement and have separated or are considering separating then you may wish to seek advice regarding whether the Agreement can be set aside.