Family Lawyers Sunshine Coast

Like any other asset belonging to one or both parties, super is included as an asset of the parties when calculating the overall asset pool. Each property settlement is different and will depend on the specific circumstances of the parties as to whether any super will be transferred to the other party.

In order for a financial agreement to be binding, it needs to satisfy certain conditions. These include:

• that it covers two parties entering (or in) a de facto relationship, marriage or a civil partnership.
• it’s signed by both parties.
• a statement in the document that both parties received independent legal advice.
• evidence that independent legal advice was provided.

Financial agreements are tricky documents that can be overturned if not completed correctly. Turn to the team at Greenhalgh Pickard for tailored legal advice on financial agreements, ensuring you get the best outcome for your circumstances.

In Queensland, DVO stands for Domestic Violence Order. A DVO is a legal protection order obtained by a person in a domestic relationship to protect themselves, a child, relative or associate from someone whom the Court considers them to be in need of protection from.

An application for a DVO can be made by the aggrieved (person experiencing DV), a police officer, a solicitor or an authorised person on behalf of the aggrieved. This order must impose upon the respondent (person committing DV) to be of good behaviour. The court may impose further provisions prohibiting contact, locating, approaching as well as specific conditions to limit the DV behaviours.

It’s important to note that violating an order is a criminal offence and can result in criminal charges liable up to imprisonment. If you or someone you know is experiencing violence or harassment, don’t hesitate to contact our office for advice and assistance.

In Australia, failure to pay child support can lead to serious consequences such as litigation and prosecution. As a result, the Department of Human Services can work with third parties including your employer to collect unpaid monies and prevent a party from travelling overseas. Along with this, your credit rating may suffer and you could face difficulties in obtaining loans or renting a property.

It is important to remember that child support payments provide for the welfare and education of your child. If your circumstances change and you are unable to make a payment, it is advised that you contact the Department of Human Services as soon as possible to discuss an alternative payment plan. Neglecting child support obligations can have long-lasting negative impacts on both yourself and your child.

When it comes to the rights and responsibilities of individuals in a de facto relationship, the Family Law Act provides an ability to enter into financial property settlements and make claims for defacto spousal maintenance if the relationship breaks down.

Time limits do apply on making claims and therefore you should call our team to discuss your separation as soon as separation occurs.

When parents in Australia separate, they often come up with a parenting agreement to determine the care arrangements for their children.

This agreement can either be an informal parenting plan or a parenting order. A parenting plan is a contract between the parents whereas a parenting order is lodged with the court and sealed upon consideration to ensure the agreement is binding on both parties. Serious consequences can arise if a party breaches a parenting order.

Within either parenting agreement, parents are able to include the specific arrangements for the best interests of the child(ren), including time arrangements for special events, schooling, extra-curricular activities and communication. Ultimately, the form of parenting agreement that works best will depend on the specific circumstances and needs of each family.

The process of calculating property settlement in Australia involves determining the net asset pool, identifying contributions made by each party, and considering future needs. The net asset pool includes all assets owned by both parties, as well as any debts or liabilities.

Contributions made by each party may include financial contributions such as income or inheritance, but also include non-financial contributions like caregiving or homemaking. Future needs, such as the age and health of the parties and their capacity to earn an income, are also considered in the calculation.

Each case is unique and must be evaluated on its own circumstances and factors. Ultimately, the goal is to reach a just and equitable outcome for both parties involved.