As with all official processes, there are certain rules that govern the process and possible outcomes of a divorce.
With this questions, people are often referring to how property and other assets will be divided, how soon a divorce can be processed and property divided and how prenups or binding financial agreements work. For more information about how spousal maintenance is calculated check out our latest blog.
• The High Court recently held that you cannot apply for a property settlement until you have separated with your spouse
• One cannot apply to the Court for a property settlement when 12 months have expired after divorce unless leave is granted by the Court
• Parties are able to agree upon how they would like to divide the assets of the marriage
• The agreement as to how the assets are to be divided and who is to assume the debt of the marriage can be formalised into either: consent orders in the Family Court or into a binding financial agreement
• The law requires that both parties have to obtain independent legal advice to enter into a binding financial agreement
• Parties can agree to split their superannuation in accordance with a particular agreed amount. This requires a court order or a binding financial agreement to be sent to the trustee of the fund
Getting a divorce is not an easy process in many cases. We empathise with that and can provide all the advice or legal assistance that may be required. Call us with any questions you may have for a family or divorce lawyer in Melbourne.
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.
