Defacto Separation and the law

Posted on September 12, 2010 by Admin

The increasingly common relationship model of being involved in a long term de-facto relationship without ever getting married is now one of the most common things that lawyers are asked about. Although being a de-facto now is technically not the same as marriage, substantively in virtually every important respect, the rights and obligations of the parties are the same in relation to a defacto relationship as they are in a marriage. Since March 2009, there has been a uniform national system of law in place which means that once someone is classified under the de facto umbrella, all of the considerations and process in relation to important issues like separation, property rights, child custody and all other issues are by law borught into conformity with the Family Law Act 1975 (Cth) Rules on determining the outcomes of marriage break ups. So what does this mean if you are in a defacto relationship?

One of the issues that can be in dispute is the date of separation because this can determine when it is possible to apply for divorce in relation to a marriage (1 year). This rule does not apply to a defacto separation, but the date of separation should usually be formalized with a separation certificate so that there is no confusion later on in relation to the true date of separation and how this applies to time limitations. Broadly, in terms of property rights, it is all by negotiation but if this breaks down then a court will decide using the four step process of assessing the assets, the contributions of the parties, the future needs of the parties and what is called any just and equitable considerations. In terms of parenting orders, everything by law revolves around what is in the best interests of the children. If you would like some more assistance with understanding how the law applies to your situation, please do not hesitate to contact us using the contact form to the right.

Separation agreement

Posted on July 30, 2010August 31, 2023 by Admin

If you are looking at separating from your partner it can be complicated and confusing time. You may need a Separation Agreement to give you some clarity and understanding to your rights and obligations in relation to you partner and what you can expect from them going forward. Depending on if you are a defacto or if you are getting a divorce having been separated it can be extremely important to ensure that you can secure your right in relation to the events which occur after the separation. Although many people believe that their partner is likely to be honest and forthright in relation to their affairs after the separation and often this is the case, for many, it is not as simple as this and people can change to become something that you had no way of expecting before the separation. For this reason it is important to ensure that you have legal representation and advice about the documentation which you need, which will include a separation agreement, in the event of a life changing event like a separation.

The two major issues which generally dominate a separation include the division of the property, assets and in many cases, income of the the marriage and the custody of the children. If you need assistance with the visitation agreement, you may consult a visitation lawyer. Unless you take the time to get a good understanding of what you are entitled to, you will risk being taken advantage of by your former partner or their aggressive legal representation who will fight for every dollar and every privilege coming from the separation against you. Although not all lawyers take this approach, unless you have a lawyer who can assist you to protect your interests, it is very likely that you will miss important details in relation to your rights and entitlements. If you would like to obtain a separation agreement, please do not hesitate to contact us.

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Separation agreement

Pre-nuptial agreement

Posted on July 29, 2010October 12, 2023 by Admin

A Pre-nuptial agreement is an increasingly common tool which is used by people who want to enter into an intimate and caring relationship but realize that there are certain risks which are associated with this. It is known by other names such as a marriage contract or simply a pre-nup. In formal terms it is found in the law as what is known as a binding financial agreement which is an agreement between two parties to a domestic relationship, marriage or de-facto partnership under the terms of the Family Law Act 1975 (Cth) that they will establish the status of certain assets in the relationship as separated from the union and others as part of the joint property of the relationship. Seeking guidance from an experienced alimony divorce attorney is advisable not only during the divorce process but also when negotiating these types of agreements, which can be made at any point in a relationship, even up to 1 year after the finalization of a divorce or within 2 years of a de facto relationship ending.

Although in some circumstances it may be difficult to ask your partner about the signing of an agreement like this because it indicates that there is a lack of trust in the relationship, for some couples, it is simply a necessary precaution against them or their partner behaving in ways that they didn’t expect when the relationship hadn’t been formalized into a marriage or they hadn’t been living together. It is a very common thing that people have been hurt, in some cases, irreparably, by the effect of the actions of someone in the past and are determined that this should not happen in a future relationship. This is a reason why someone would chose to create an agreement like this. If you are in a situation where you would like to purchase a prenuptial agreement, we have a pre-nuptial agreement available which can be used by you in any jurisdiction of Australia, although we would recommend that you seek the advice of a lawyer when using this agreement, the existence of this template will be of great assistance. All you need do is click on the link bellow.

Pre-nuptial agreement

What is a marriage annulment?

Posted on April 17, 2010April 20, 2023 by Admin

Marriage annulment is a technical legal term describing a situation where although both parties believe that they were married they actually were not. It may have been that they were not married because of some reason such as the fact that they were underage at the time of the marriage or the one of the parties was married to someone else at the time or that the marriage was not conducted in a legal way. In common terminology marriage annulment is often confused with divorce. Divorce is illegal cessation of a marriage. The original marriage was in fact valid in the case of a divorce, however, in the case of a marriage annulment the presumption is that the marriage was never originally legal. Continue reading to learn about the legal process of annulment.

To discuss the difference between divorce and annulment, you need to seek help from a divorce attorney salt lake city to enlighten your mind and know the documents you need to secure during the ongoing process.

Probably the most common way in which the need for a marriage annulment comes about is when a person migrates from one country to another and one of the countries refuses to recognise the marriage that a couple had in a previous country. Although in Australia the terms of the Family Law Act 1975 are actually quite accommodating to relationships which formed overseas because the legislation means that a court has to recognise a marriage if it was legal in the country in which it originally formed. However, some foreign countries have certain requirements about recognising relationships which formed in other countries which are not as relaxed as Australia’s law is.

There can be any number of issues which can raise a marriage annulment question. If someone gets married and then leaves a spouse when a very young and never bothers to get a divorce and then wants to remarry later on without being able to contact their former spouse, this may be grounds a marriage annulment although this would certainly need to be verified based on the personal circumstances of the person. if you have a question about marriage annulment, where more than happy to help and lawyers are online almost all of the time to answer your questions.

Sydney Lawyer and Judge comments on Divorce, Immigration and Australian Diversity

Posted on April 16, 2010 by Admin

Justice Spiegelman, a highly recognised lawyer in Sydney and now the Chief Justice of New South Wales recently commented that it the new cultural customs related to the treatment of migrant women and in particular attitudes to violence against women in abusive relationships will need to be a major priority for the legal system going forward. Justice Spiegelman beleives that the legal system is at present ill equiped to deal effectively with what he believes will be a growing problem in the future of violence against women perpetrated because of differences between western ideals and the realities of cultures which orginate in the Middle East and the South East Asia.

Justice Spiegelman addressed a gathering at the University of New South Wales where he voiced his concerns about the way that the legal system is prepared to deal with this issue. It is recognised that there has been a tension between customary aboriginal law and the british common law system ever since the rule of law was adopted into Australian law. This is what probably the most important high court case of the 1980s was about – terra nullius and claim that the British rule of law was founded on a fiction. Now it appears that the state’s leading judge is concerned that there might be a cultural challenge to the system of Justice from the large migrant populations in the major cities in Australia. In particular, he was concerned about legal dilemmas including honour crimes and forced marriages which emerge and the way that this could highlight the inconsistency between upholding universal values which abhor these principles, but being tolerant of the cultures of others who chose to practices them. There is the not the legislation in Australia to help prevent these types of crimes as there is in other countries. In his speech, Justice Spiegelman said the following:

”Human rights norms are, to a substantial degree, based on assumptions about individual autonomy, the full implications of which are not universally accepted … There is a fundamental conflict between a human rights approach to these matters, on the one hand, and the tolerance of cultural traditions, based on an assumption of an equality between cultures, on the other hand … There is no way of avoiding the dilemma arising from this conflict of values.”

It is certainly true that the these conflicts exist in the project of international human rights law and that this has potential to be expressed at the everyday level in Australia given the vast diversity of our culture. It will be interesting to see how the predictions of this highly respected lawyer and judge relate to the future of our legal system in particular in relation to the operation of the law in relation to divorce and immirgation.

Divorce lawyers – financial aspects of family law

Posted on March 27, 2010August 9, 2023 by Admin

Divorce is at endemic levels in Australian Society and the Australian Bureau of Statistics that there are approximately 47,000 divorces granted each year in Australia, not including the break down of defacto relationships. The divorce process itself is actually very cheap and many people work with divorce mediation professionals to get this done. The unfortunate aspect of negotiating a property settlement is that if consent cannot be reached or achieved, sometimes the legal fees can run into the tens of thousands of dollars. Consenting can save this amount from the total pool of property in a divorce and mean that it is done much more quickly. Although the rate of divorce is beginning to fall in this year for the first time in years, with data showing that 47,209 divorces were granted in 2008, compared with 47,963 in 2007, there is still a trend that between 30 and 50% of all marriages end in divorce.

You will need a solicitor to arrange a property settlement — Divorce Lawyers can arrange a property settlement

There are also some interesting trends in relation to divorce ages. The average age of a divorce is getting higher, like the average age of marriage. It currently sits at about 41 for women and 44 for men. This means that most people are just at a key stage in the accumulation process of getting income and assets and even starting to think about their retirement. A nest egg is beginning to accumulate, and there may be substantial equity in a home and super accumulated. Under the family law rules, all of these things are included as property of the marriage and are fair game in any settlement. Also, because the rules are very discretionary, there is much uncertainty in the outcomes of divorce proceedings and a court may adjust a settlement in any way that it determines is just and equitable.

If you need advice or assistance on a divorce property settlement, do not hesitate to call an expert such as a divorce lawyer or a family law attorney to guide you.