Deciding whether to Stay or Go?
When you have relationship Problems, the difficult call of whether to leave is often exacerbated by not knowing what will happen next. Family and De facto law can be very helpful.
Divorce is separate to property settlement which is dividing your assets and liabilities. You dont need to be divorced to reach a property settlements.If you are considering leaving a partner, married or not, you will be pleased to know that a Court hearing is not the single option open to you.
If both parties are prepared to be friendly, they can entered into a legally binding property settlement which can happen without any party having to step a foot inside a Courthouse. Your paperwork will nonetheless , must be filed at the Court and reviewed by a Registrar of the Court.In order to reach a fair assessment of how much each party should get or retainin a property settlement, the Registrar will, on reviewing the documents filed,make certain that the following four step approach has been considered by theParties and/or their barrister on reaching the agreement:
1. What were the primary contributions of the parties;
2. What were the direct financial contributions manufactured by the parties during the relationship;
3. What were the non-financial contributions made by the parties during the relationship (i.e. Cooking, cleaning, gardening); and
4. What were the contributions made by the parties in relation to welfare of the family (i.e. Looking after the children). The Registrar will also consider whether a correction has been made or needs to be made for either of the parties future needs (i.e. Looking at their health and earning capacity of each one of the parties).
If the Registrar establishes that a fair agreement has been reached, taking into account the factors mentioned above, the forms filed at the Court will be sealed and Property Orders for property settlement made. It is critical that you consult a lawyer to determine what a fair agreement is before filing the document at Court,otherwise the contract may later be challenged or set aside.This is general info only , and does not constitute categorical legal advice. Ifyou would like further information in relation to this matter or other legal mattersplease contact our office at receptionhhg.com.au or call me on 1800 609 945.’
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