Matrimonial Solicitors - Australian Family Law Finance





If you are married or in a de facto relationship and you divorce or separate, then you will want to divide your property. This division is often referred to as a "property settlement". The Family Law Act 1975 covers matters relating to property settlements for married couples, de facto partners and same sex partners, who are separating :-

  • Property :-


    • real estate
    • investments
    • household contents
    • life insurance policies
    • cars & boats
    • companies and trusts
    • superannuation

  • Agreed Property Settlements :-


    • It is often best to reach an agreement regarding property division as opposed to going to court. However, there are dangers in just reaching an informal property settlement - it is always best to have a formal written agreement because you or your partner may change your mind later on or forget to include something that should be included in your agreement.

    • Use a family lawyer to help you reach an agreement with your partner and only go to Court when you have no other choice. You are not guaranteed the result you want by going to Court and it will cost you in terms of money, time and emotional stress.

  • Percentage of split :-


    • There is no general rule that all property should be split 50/50, although this is a good starting point. Many specific factors go to decide who gets what. These factors include the length of the relationship, what you brought to the relationship, contributions during the relationship, who has the care of the children and so on.

    • Many other factors must be considered by the Court when dividing property and it is only after analysing the individual circumstances of each relationship that competent advice can be given as to the possible range of property adjustment.

  • Deceptive Partner :-


    • A lawyer can assist you in obtaining access to financial records of your partner such as tax returns and other business documents. Court rules require that both you and your former spouse provide details of all your assets, income and resources. This is called a "full and frank disclosure". Any agreement or orders that are made based on information that fails to make a full disclosure of the financial circumstances of both parties may later be set aside or varied.

    • If your partner is thinking of selling-off the family home prior to reaching a legal agreement regarding property division, you should get legal advice immediately. A lawyer will advise you on the best steps to prevent anyone dealing with or disposing of the property. You can apply to the Family Court for an urgent order restraining him or her from selling the property.

  • Time limits :-


    • Generally speaking, you have to make an application for property settlement within 12 months of your divorce. After 12 months you will require an application and evidence explaining why you have not done so within the time limit. The Court may refuse the application.


Spousal Maintenance


An application for a spousal maintenance order or a de facto maintenance order should be as a last resort incurred only after negotiations for voluntary payment terms have completely broken down. The court has a broad range of powers that can be exercised including orders for periodical payments for maintenance and lump sum payment. Matters taken into consideration include :-


  • income and resources
  • future needs of the parties
  • previous standard of living
  • age of the parties
  • length of the relationship
  • physical & mental condition
  • contribution to the welfare of the family
  • conduct (in rare and extreme cases only)
  • change in financial status following divorce or separation


Finances in General


If agreement on a matrimonial settlement cannot be reached consensually then an application to the court may be necessary for the resolution of the financial issues. The court will take a number of factors into consideration including present and future needs, resources, earning capacity, duration of marriage, age, and how much each partner contributes to family finances :-

    Spousal Maintenance – the court may make an order for periodical payments for a fixed period of time or indefinitely until remarriage or a change in circumstances.

    Lump Sum – rather than maintenance this provides a clean break divorce settlement and allows both parties to move on without the need for further future contact.

    Tax - implications on transfer of property following divorce may be significant requiring professional advice.

    Matrimonial Home – dividing the proceeds may meet both parties’ needs unless the matrimonial home is required for children & sale may be deferred until the youngest leaves full-time education.

    Businesses – courts rarely order the sale of a family business but may order sale of unused assets and will award periodical payments covered by the earning capacity of the business.

    Assets – without consideration of when, where or by whom the assets were acquired, they are taken into account to determine matrimonial finance issues.

    Trusts – the court will consider benefits derived from trusts.

    Pensions – future financial benefits relating to pensions payments are considered.


Family Law Solicitors


If you intend to issue matrimonial proceedings you will need the help of a specialist divorce lawyer who will be able to give you clear advice on your legal rights and obligations and how to protect your future interests. If you would like free initial advice on the telephone, just complete and send the contact form or email our offices. If after talking to us you decide to proceed no further, you will not be charged for our advice.