When people separate (whether from a marriage or a de facto relationship), they usually need to sort out how to divide their assets and debts between them. The term ‘property settlement’ therefore refers to the process of negotiating which party is going to keep which assets and liabilities, making the agreement legally binding, and then taking the steps to implement the agreement.

It’s important that you take the appropriate time to come to terms with the separation, ensure that you are in a good headspace and have support systems around you before attending to the legal arrangements for separation. Click here to read some of our practical tips for approaching separation.

School fees, swimming lessons, uniforms, football and dance classes, the list of the ever increasing expenses of raising children goes on. When parents separate, expenses that were once agreed and were paid from joint funds can become a point of contention.

There are particular requirements for service of divorce applications and a number of documents which must be filed with the court to prove that an applicant’s former spouse has received the divorce application in the correct manner.

Here we answer some common questions in relation to service of an application for divorce.

Recently there have been changes to the Family Law Act 1975 (the Act), via the Family Law Amendment Act 2023 (FLAA) about parenting matters. Most of the changes as a result of the FLAA will take effect from 6 May 2024.

In Australia marriage is defined as “the union of two people to the exclusion of all others, voluntarily entered into for life”. When that union has broken down with no reasonable prospect of a reconciliation the law allows for a mechanism to dissolve the union. This is known as a divorce. A divorce changes your legal status. 

When going through a separation, it is important that you and your former spouse formalise a final property settlement and take the necessary steps to ensure that your financial ties to each other are cut. However, the process of negotiating and ideally reaching an agreement for a property settlement, making it binding and then implementing the agreement can often take some time.

A caveat is an application that any person with a legal interest in a property can lodge with Land Use Victoria. In family law, caveats have therefore historically been used by a party to a separation who has an interest in a real property, but to which they are not on title.

Separations can often be quite complex giving rise to many issues that result in family lawyers needing to collaborate with solicitors in other practice areas (such as commercial or superannuation law), but we can also be greatly assisted by the parties’ professional advisers.

Many Australians may have received, or are set to receive, some type of inheritance in their lifetime. Thanks to the general rise in property prices over the last 30 or so years, such an inheritance may be significant.

A Financial Agreement, or sometimes also called a Binding Financial Agreement, is a document, similar to a private contract, between the parties in a family law matter.

The intention of a Financial Agreement is to remove the Federal Circuit and Family Court of Australia’s jurisdiction in relation to the financial arrangements of the parties upon their separation, or to address specific issues between them.

In family law matters, there is a requirement for parties to try to resolve disputes by making a genuine attempt to negotiate and reach agreement on the issues in dispute.

This includes any matters relating to family law however, primarily it includes reaching agreement regarding care arrangements for children and / or the division of relationship property.

Separation is not easy. In fact, separation is difficult whether it is your decision to separate or not.

There are many things to consider when contemplating separation or you have separated such as your health (including your safety and wellbeing together with any children), care arrangements for children, your financial stability both in the short term and long term and also interactions with your former partner or spouse.

In a recent case of Cao & Trong (2022) FedCFamC1F 754 (4 October 2022) the Court considered debts of the parties which exceeded the value of the matrimonial asset pool available for distribution.

Business interests often form part of the asset pool available for division in a family law property settlement. It may be a business that has been built by one or both of the parties to the family law matter, such as a family business, or a business owned by way of a partnership or a company with third parties.

A trust structure is often recommended to individuals and family business owners by their accounting and legal advisors to distribute income tax effectively and safeguard assets.

Relationship breakdowns and separations can be a stressful time as people navigate their parenting matters, property settlements and establish their ‘new normal’. Being involved in the family law system for the first time often means being exposed to a range of new terminology and legal jargon.

Family law property settlement negotiations and court proceedings can often run for lengthy periods of time. Sometimes there are delays that are outside of the parties’ control. These delays can cause issues when it comes to the time for valuation of the parties’ assets.

Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.

Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2022 Doyle’s Guide.