Mediations Australia

When people consider divorce, soon after they think of splitting assets. While the term, “divorce splitting assets” is a term often searched in Google, you of course don’t need to be divorced before splitting assets. In fact, it’s recommended that you do it soon after separation. In this article, we’ll let you know everything about divorce and super splitting. Divorce & Splitting Assets It goes without saying that it’s likely that you and your ex-partner will find the divorce and separation proceedings difficult. You may believe the worst is over once you’ve finalized your divorce. And it is, for the most part. However, you must now consider separating joint assets. This can seem intimidating at first, but after you understand what’s involved, it will appear less scary. We’ve outlined some tips for various scenarios, as well as some examples of how to divide assets if divorced (or separating). The existence of a “divorce law” system is a popular misunderstanding among Australian...

Separation from a relationship can be a traumatic and stressful experience. When a relationship ends, it’s never easy, and it’s common for people to feel adrift and unsure of what to do next. At the forefront of their mind, is often a divorce property settlement. Aside from the emotional toll, there are also financial and legal aspects to consider after separation. This all of course happens when you’re often not in a great emotional space to deal with them effectively. In this article, we give you some clarity on the path and options ahead, as well as debunk a few myths. Divorce Property Settlement When considering a divorce property settlement, a key thing to understand is reaching a financial agreement with your former partner, including a property settlement is a vital aspect of this process that can help you both move forward with your life. For example, if you have reached an agreement on parenting and/or property matters, you can get a ‘Consent Order’ from the Family Court o...

In the past, obtaining information about a former spouse or partner’s superannuation assets in family court procedures required directly contacting the relevant super fund. This procedure also relied greatly on the former spouse or partner being honest and forthcoming about where their retirement funds were held. All of that is poised to change on April 1, 2022, when new laws go into effect allowing the ATO and the Federal Circuit and Family Court of Australia to share more information about an individual’s superannuation assets (FCFCOA). Superannuation & Family Law. When a marriage or de facto partnership ends, property can be divided between the parties, with superannuation splitting being especially crucial because superannuation is often a large asset for one or both parties. The process of splitting property, including super, is a property settlement . When a relationship ends, superannuation is considered as property under the Family Law Act and can be amended, transferred...

If parenting can be hard, parenting after a separation can be exponentially harder. To do it well, take advantage of all the help you can get. One form of help available to you is a co-parenting app. These apps let you: Create your ideal changeover calendar, check it easily and make adjustments as necessary.  Store digital files — e.g. report cards, work schedules, receipts — and share them with your co-parent. Message your co-parent.  Certain co-parenting apps let you go beyond those tasks, with tools to help parents document agreements, track expenses and more.  At the end of the day, these apps help parents work together from a distance, and they promote civility.   Given all this, the dilemma often isn’t whether co-parents should use an app but which one they should use.  To help you choose, we’ve ranked our top six apps for separated parents in Australia. Here’s how they stack up. Custody X Change Custody X Change is our top app for separ...

By far, The best way to get divorce papers is to apply for a divorce online. In this 2022 guide, we will let you know the best way to get divorce papers. You can also talk to one of our lawyers at Mediations Australia. To begin, you must have been legally separated from your spouse for at least 12 months and one day, with no prospect of reconciliation. If you’ve been married for less than two years, you’ll need to meet certain requirements before filing for divorce. You have the right to divorce if you and your husband/wife consent to counseling to evaluate the possibility of reconciliation. If your counseling efforts are unsuccessful, you may ask the counselor to sign a statement declaring that he or she has discussed the possibility of reconciliation with you and your ex. If your ex refuses to attend counseling, you can still get divorced if you include an affidavit with your divorce application. In Australia, how does one go about getting divorce papers? You can get divorce pap...

When it comes to ‘father’s rights’ in parenting matters, it’s vital to remember that under the Family Law Act 1975, there are no men’s rights vs. women’s rights. In fact, the child’s rights are the only ones that the Court is legally required to consider. A child has a right to be cared for by both parents, according to the Family Law Act. This means that the Court is more concerned with the child’s need to spend as much time with each parent as is reasonably possible, rather than the parent’s gender. Given that you’ve arrived at this page, you’ve most likely heard or been told that fathers are only permitted to visit their children every other weekend, or when it comes to parenting matters generally, the courts favour the mother. This was likely the case in the past, but in recent years – and especially with recent Court reforms – it has become usual for the Court to recognise the value of the child or children maintaining a continuous and meaningful relationship with both parents. ...

When a couple separates or divorces, it’s usual for legal and financial professionals to advise both parties to finalise their property settlement as quickly as possible. There are compelling reasons for this. One of these is to tie things up from a financial perspective in the event that something, like death, happens to one of the parties. It happens more than you think and hence why it’s an important consideration by family lawyers when advising on issues related to property settlement. If mediation or court proceedings leading to a property settlement are not started before one of the parties dies, the surviving ex-spouse may not be able to recover their share of the deceased person’s estate. This might be especially upsetting if the deceased person was the primary breadwinner or owned the majority of the assets during the relationship or marriage. Other possibilities, like making a claim on the deceased person’s estate are an option, but it’s another legal process that is often...

Grandparents’ rights are frequently impacted by relationship failures, and this is sometimes overlooked when discussing divorce and separation. Grandparents play a fundamentally important role in children’s lives and all needs to be done to ensure that the connection between children and their grandparents continues despite the separation of the parents. But importantly, when considering grandparent’s rights, we need to emphasise that in the context of family law, parents don’t have rights, nor do grandparents have rights. The premise of family law in Australia is that children have rights and courts want to see decisions always made in the best interests of the child. Separation generally necessitates a major reorganisation of the family, with numerous changes for both the parents and the children. Extended family members such as aunts, uncles, and especially grandparents may be affected by these changes. When one of their children’s relationships breaks, many grandparents worry t...

Historically, when considering a mother’s or father’s rights when it comes to custody of the children, mothers were granted custody in the far majority of cases. Legislation enacted in 2006 was the foundation for this weighted decision-making by family courts. However, now, mothers’ rights are not recognised by Australian family law. Fathers’ rights are also non-existent. This is because, rather than prioritising the rights of parents, the family court prioritises the rights of children in parenting issues. In other words, neither parent receives preferential treatment, and the court’s decision is based on the child’s best interests. The child’s best interests will be discussed in greater depth further down. The presumption of shared parental responsibility is the basic premise behind the Family Law Amendment (Shared Parental Responsibility) Act 2006. This promotes shared custody rights and is based on the premise that children ought to have meaningful relationships with both of...