The Family Law
Tips to assist with your case:
- 01 Time limits may apply to persons wishing to bring applications seeking property and spousal maintenance orders where you are married or in a de facto relationship. Since 1 March 2009, de facto relationships, which includes same sex relationships, have been covered by the Family Law Act 1975 (Cth). Given the existence of time limits, you may need to act promptly.
- 02 In most property cases, the law dictates that the Court must take into account contributions of each of the parties to the relationship. It is important that you present to your lawyer:
• All documents to which you have access which prove that you or a family member contributed money or assets into your relationship at any time. Such documents may include:
o Loan documents;
o Letters or documents detailing contributions;
o Bank statements or records; and/or
o Financial Statements.
• Contracts, letters, statements of account, valuations, and other documents which provide evidence of the value of an asset at the time you introduced that asset into relationship, together with evidence as to how that asset was used during the relationship.
• Wage or salary records, contracts of employment and tax returns recording what you have earned during your relationship;
- 03
Australia has a no-fault system of divorce. This means that to apply for a divorce, the only pre-condition is that you have been separated for a period of 1 year. It is possible to be separated but living in the same home. You cannot apply for a divorce until 1 year after separation. However, it should be noted that if you wish to apply for Property Orders, Parenting Orders, maintenance, or other Orders, there is no waiting period. You can apply at any time, even prior to separation.
- 04
There a requirement that if a parent wishes to apply for Parenting Orders the parents are required (or attempt) to attend family dispute resolution counselling before applying to the Court for Orders. However, it should be noted that in urgent cases and/or in those involving family violence, you can seek to be exempted from the requirement to attend counselling.
- 05
If you are concerned that your spouse or partner may attempt to sell or mortgage real estate, including your home, before you have a chance to make a claim, it may be necessary to instruct us to:
Seek an urgent application to prevent it;
Lodge a caveat on real estate to prevent sale or mortgage; and/or
Issue a property application.
- 06
Deceased Estates – Challenging Wills
There are time limits, so you may need to act promptly.
BESWICK FOULKES FAMILY LAW
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FAMILY LAW SERVICES / DECEASED ESTATE SERVICES / WILLS AND POWER OF ATTORNEY / CONVEYANCING