Divorce, Property Settlements & Maintenance

Divorce, Property Settlements & Maintenance

How do I get a Divorce?

The breakup of a marriage and ultimate divorce is a complex process. At Cyngler Kaye Levy we endeavour to guide you smoothly through this difficult time.

Our caring and experienced Lawyers can assist you with many aspects of Family Law:-

  • Divorce
  • De facto
  • Property settlement
  • Property and spousal maintenance
  • Binding Financial Agreements

Dividing property and property rights is often one of the most challenging aspects of a marriage break up.

What are the top 8 factors in deciding how to distribute assets in a marriage breakdown.?

  1. Length of the marriage
  2. Financial and non-financial contributions
  3. Number and age of dependants
  4. Future needs
  5. Future income potential
  6. Who is the primary carer of the children
  7. Pre-nuptial and Binding Financial Agreements (see our section on BFA’s)
  8. Complexity of unraveling complicated financial structures, such as companies, trusts & partnerships

 

If you wish to remarry or commence a new de facto relationship and are concerned about your assets, we recommend making a new Will and set of Powers of Attorney and revoking your old Powers of Attorney. Please see our section on Wills & Estate Planning and Powers of Attorney or phone to speak with one of our lawyers.

FAQ’s

Q: When is the best time to get advice from a Family Lawyer?

I am thinking of leaving my partner. Should I see a Lawyer now or wait until I have left?

As with anything in life, it is always best to prepare beforehand. If you are considering separating, whether married or in a de facto relationship (at least 2 years of cohabitation) you should ask one of our caring and experienced Family Lawyers for legal advice first so that you clearly know your rights, obligations responsibilities and entitlements in this difficult time.

Q: How do I get access to my children after separation?

My wife left me and will not let me see our kids. How can I fight her so I can see the kids?

If you are separated and your children are under 18 years old, you and your wife will need to agree on such things as where the children are to live after the separation and how much access time the other parent is allowed and financial support for the children.

Family law issues are very emotional and can become very heated and confrontational. You will need the assistance of an experienced family lawyer to negotiate the complexities of your rights in the family court.

Call our experienced family lawyers for a confidential chat on 9500 1722.

Q: What happens to custody and access when my child becomes a teenager?

My husband and I have been divorced for a few years and our children were little at the time. We agreed on custody and access arrangements at the time of separation but now my eldest child is a teenager and wants to live with me. Can I challenge the custody and access arrangement?

It is in your child’s best interest, the Court will give genuine and serious consideration to the views expressed by a teenage child. This creates some potential to vary existing custody and access arrangements and to apply to the Court to alter them on the child’s request.

If your child would like to live with you now but this is not the current arrangement, you can call our office to have a chat to see if you can make a claim to vary the access and custody arrangements

Q: My X is claiming property rights from our de facto relationship. Is this possible?

My partner & I were living together for more than 2 years and now she has left me and is claiming half my assets. What can I do to stop her?

The law states that any couple living together for at least 2 years, is deemed to be in a de facto relationship.

There are many factors that will impact on how the asset pool is calculated and divided eg. what assets where brought into the relationship, financial contributions, non-financial contributions, gifts, bonus & inheritance.

You will need to assistance of an experienced family and property lawyers to fight any claim on your assets.

Call us on 9500 1722 if you would like us to advise you of your rights.

Q: How do you fairly undertake a property settlement after separation when only one party has been in charge of the family finances?

My husband and I have just split up and I need help to unravel the complicated web of companies and trusts my husband has set up in order to protect our assets and minimise tax. How do I go about this?

Often when a couple separates, the party who has not been in control of the finances has little knowledge of what the actual asset ownership is, especially if the other party has been running a business or has set up a complex legal structure of companies and trusts to protect assets and minimise tax.

We can assist you to discover the extent of the assets and liabilities and obtain the necessary documentary evidence to support the actual financial position.

Call us on 9500 1722 to discuss what steps can be taken to get a full picture of the family finances so that you can achieve a satisfied outcome of property settlement.

Q: Is an inheritance part of the relationship pool?

I received an inheritance from my Mum just before we separated. Does this form part of the relationship asset pool?

Top 5 factors that will determine if an inheritance forms part of the relationship asset pool.

  1. the date the inheritance was received
  2. its size in relationship to the total asset pool
  3. if there are children from the partnership
  4. if the inheritance was used to pay of debts such as the mortgage on the family home
  5. if the inheritance was quarantined from the rest of the asset pool.

As there are many variables in determining this question and given that rulings can go both ways, it is best to seek legal advice immediately.

We can look at your specific circumstances and advise you accordingly.

Q: What is the time limit for applying for property settlement?

I was in a de facto relationship and have now been separated for more than 2 years. Can I still apply for a property settlement?

If you were in a de facto relationship, you need to have commenced property proceeding within two years of the separation.

This differs from a divorce, where you must start property proceedings within 12 month of your Divorce becoming final.

It is best to commence property proceedings as soon as possible. If you are coming close to your deadline you could be rushed into accepting a lesser settlement as you may not have the time to prepare your submission fully.

Please do not hesitate to contact our experienced Family & Property Lawyers to ensure you get the best outcome possible.

Q: The Family Court and Lawyers – are they really necessary?

Do we need to go to the Family Court and get a Lawyer if we both agree on everything?

Yes. Even if you both agree now on how to manage the children and divide the assets up, your spouse will still have the right to make a further claim on you a number of years after you separate if their circumstances change.

Only an agreement in a prescribed form is binding. Unless drawn strictly in accordance with the Family Law Act, the agreement may be set aside.

Alternatively, Consent Orders filed at Court must be approved by a Court Registrar before binding Orders are made.

By engaging one of our experienced Family Lawyers you will have peace of mind that what is agreed upon now will be binding in the future even if your former spouse’s circumstances change and they do not want to follow the agreement.

As experienced Commercial, Property & Litigation Lawyers we can assure you of the very best possible advice on your negotiations, documentation or property settlement.

Please do not hesitate to contact our firm for confidential advice on +61 3 9500 1722, request a cost estimate or email an enquiry.

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