Withnalls has experienced lawyers who can assist you in all
aspects of Family Law including advising you of your rights and obligations in
regard to issues relating to property and children.
(MARRIAGE OR DOMESTIC RELATIONSHIP)
Your separation ends your marriage or domestic relationship, but
not your responsibility to your children. We suggest you seek the advice of a
lawyer in order that your rights be explained to you.
Where the parties to a marriage own property together, it is
desirable that the parties resolve any issue regarding the division of that
property, and obtain Family Court orders so that all financial matters between
the parties are resolved, ensuring there will be no claims in the future.
If you agree to a
particular settlement, it is essential that this settlement be drawn up into a
written agreement which can be filed in the Family Court, and becomes an order
of the Family Court. Agreements that you reach are not binding unless approved
by the Family Court or prepared by a lawyer in a proper format being a Binding
PROPERTY (DOMESTIC RELATIONSHIP, FORMERLY DE FACTO RELATIONSHIP)
The law relating to division of property between domestic
partners was generally dealt with by the State or Territory Courts. From 1
March 2009 the Family Court deals with all property and children’s matters of
people married and/or in domestic relationships. To find out more regarding
your marriage or relationship and when you need to commence proceedings, speak
to a lawyer. The superannuation of married or de facto couples who have
separated or divorced can now be divided by agreement or court order (from 1
March 2009 for de facto couples).
The superannuation of married couples who have separated or
divorced can be divided by agreement or Court Order. This means that
superannuation can be split, allowing all or part of the benefit to be
transferred from one spouse to another. If you, or your spouse, have superannuation, it will be important for you to obtain legal advice in relation
to you and your spouse’s potential entitlements.
DIVORCE/DISSOLUTION OF MARRIAGE
Divorce is the legal ending to your marriage. It does not, of
itself, resolve issues in relation to your children, nor does it resolve any
issues regarding the division of your property.
You cannot apply for a
divorce/dissolution of marriage until you have lived separately and apart for a
period of 12 months. After that time, an Application for Dissolution of
Marriage can be filed with the Family Court.
The Child Support Agency is a branch of the Australian Tax
Office. Its computers are linked to the Tax Office and to the Department of
Social Security. The Agency assesses the level of child support that the
non-custodial parent should provide. The Child Support Agency also collects
that assessed child support.