Featured Law

What Your Rights Are in a Separation or a Divorce Settlement

A divorce settlement after separation often brings to mind the many rights you need to protect as a spouse and that of your children.

While the Family Law Act got you covered, it is important to know the legalities of a divorce, especially with a de facto divorce settlement where some of your rights are not afforded to you automatically.

This is where you need the help of divorce settlement lawyers Brisbane has who can provide you with legal advice or represent you in court should a Court Order is processed.

Your Rights If You Get Separated or Divorced

Economic Support

Spousal support or maintenance is paid to you if you legally married.

De facto partner maintenance is paid to you if you were in a de facto relationship.

When making a decision to impose such requirements, the court will look into your needs as an applicant and your ex-spouse’s capacity to pay.

Child Support

If your children live with you, you are entitled to child support. It is important to assert this during family law divorce settlement to ensure that the payor or the person who will pay for the support will be legally obligated to do so.

Wondering if you are entitled to child support? Speak to a lawyer specialising in a divorce settlement after separation. Visit at McPhee Lawyers

Property Rights

An equalisation payment is required for when you are married. This is something you need to pay to your ex.

How the payment is calculated is rarely 50/50 and there are different rules and exceptions involved. This is why legal assistance from a divorce settlement lawyer is required.

De facto couples, on the other hand, are eligible for a property settlement after a separation and can apply for it within 2 years after a relationship has concluded.

Special permission of a court will be required if you apply for property adjustment outside of the time limits. But permission is not always granted.

Superannuation

This is treated by the superannuation splitting law as another type of property. Separating couples can value their superannuation and decide to split superannuation payments since this is not mandatory.

How Assets and Debts Are Divided

The court will decide how this can be done based on the general principles set out by the Family Law Act 1975. It doesn’t matter whether you are married or in a de facto relationship since the general principles is the same.

The court will look into:

  • What you got, what you owe, and what those are worth will be our assets and debts
  • Wage, salary, and other direct financial contributions made by each party
  • Gifts, inheritances, and other indirect financial contributions made by each party
  • Homemaking, caring for children, and other non-financial contributions made by each party
  • Health, age, care of children, financial resources and other future requirements of both parties.

It is important to note that the way assets and debts are shared in a divorce settlement after separation will depend on the circumstances of your family, which is likely to be unique in its own right. This means the settlement from similar cases could be different from your own.

Consult with Mcphee Lawyers in Brisbane for legal advice and assistance.