Matrimonial Property Settlement
The Family Law Act 1975 Commonwealth provides for property settlement for people who are married, including same-sex marriages.
How Can You Complete a Property Settlement?
There are four primary ways you can complete a matrimonial property settlement:
An informal separation, which may lack many legal protections available under the Australian law.
By way of a Binding Financial Agreement.
By way of a joint Application for Consent Orders through the Family Court of Australia.
By bringing proceedings in a family law court and have a judge decide your property settlement.
To apply for a court application for matrimonial property settlement you can:
Apply at any time within 12 months of divorce, after having attempted to negotiate a settlement or if there are special circumstances.
Make an out of time application, when applying outside of 12 months of divorce if you or a child would be in hardship; or
Seek the other party's consent for a court application to be brought outside of 12 months after the divorce.
An alternative to a court application is a binding financial agreement or financial agreement. There is generally no time limit for financial agreements, however, both parties must consent to the property settlement.
More Property Settlement Options and Information
There are various important options and matters to consider in a property settlement. Choosing the best options for your circumstances can save you time, money and stress. Find links to more information about your options below, however, keep in mind that there is no substitute for the seasoned family law legal advice and service from family lawyers like us.
A property settlement can be achieved through the court where parties are unable to resolve their issues.
Property settlements can be achieved through alternative dispute resolution, including family law mediation.
Spousal maintenance or de facto maintenance allows a party to receive financial support from the other party after separation.
De Facto Family Law Property Settlement Legal Advice and Service.