Articles

How long do I have to be living with someone before I am classified as their de facto partner?

Most people presume that unless you have lived together for 2 years you are not a de facto couple. This is not true. Living together is only 1 of 9 factors the Court considers when determining whether parties have been in a de facto relationship. Other factors include, the length of cohabitation, if the parties are registered as a de facto co...

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What is a Binding Financial Agreement?

A Binding Financial Agreement is an agreement entered into before, during or after a relationship. If a Binding Financial Agreement exists the Court will not have the power to make an order affecting the matters covered by the agreement. As a result, a Binding Financial Agreement will only be binding if it includes proper financial disclosure...

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What can I do to avoid costly Court proceedings?

Most family law matters are resolved by negotiation and agreement. You should obtain advice from a Family Law Solicitor at an early stage to assist you in your negotiations with your former partner. If you are able to reach an agreement with your former partner, either directly or via your Solicitor, the agreement should be recorded in a Bind...

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What are the implications of not documenting an informal property settlement?

If you decide to informally document your property settlement you should be aware that your former partner can change their mind and apply to the Court for a property settlement that is different to the one agreed to. If your partner's financial circumstances change, for example, they are diagnosed with an illness or they are no longer ab...

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What is the time limit for making a property settlement?

Married couples that separate can formalise a Property Settlement at any time after separation. There is no requirements that the parties need to be Divorced at the time of the Property Settlement. However, once parties are Divorced there is a 12 month limitation period that applies. This means if you are not able to reach an agreement with y...

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