Family and De Facto Relationship Law FAQs

My former partner/spouse and I are separating and we have discussed and agree about how to divide our assets/liabilities, is there an easy way to formally record all of this?

Yes, if there’s an agreement in place, it’s usually straight forward to formalise the agreement reached in consent documentation that records the agreement in place

How do I avoid paying stamp duty on transfers between my spouse/partner if we’re separating?

Once an agreement is reached or an outcome determined by the Court, a Court Order or Binding Financial Agreement is the formal means of recording the agreement. By recording the agreement or outcome in an Order or Agreement, then stamp duty is usually waived on real properties being transferred as between partners/spouses.

I’m having difficulty with the other parent of my child/children regarding the time our child/children spends with each of us, what are my options to resolve this?

There are a wide variety of options to progress these issues. After meeting with you we can provide you with advice about what sort of arrangements might be in the best interests of your child/children and then commence negotiations with the other party in a number of ways including writing to them or inviting them to attend a conference with you and your respective solicitors. If negotiations are unsuccessful, we can provide you with legal advice to enable you to institute proceedings in the Family Court of Australia for the Court to resolve the parenting issues in dispute.

I’m not sure if I’m in or have been in a defacto relationship but I need to know how the law applies to me?

There are a wide variety of factors that determine if you are or have been in a defacto relationship. As to how the law determines whether you are in a de facto relationship is dependent on your individual circumstances but includes considerations such as the duration of the relationship, whether you live together, or have a child together and the public’s perception of the relationship etc. Once you provide us with details about your specific circumstances, we will advise you as to if and how defacto laws apply to you.

When can I apply for a divorce?

You can apply for a divorce, after you and your former spouse have been separated for 12 months. If you have been married for less than 2 years special requirements apply.

Is a divorce the same as a property settlement and do they happen together?

No, they are not the same thing. A divorce is the formal order ending the marriage where as a property settlement relates to the division of assets and liabilities and how that should occur. It’s possible to do them together, or separately. Importantly, once you are divorced, you only have 12 months to commence property proceedings, after which you’ll need special permission from the Court to do so

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Family and De Facto Relationship Law FAQs

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