Couples who have separated and wish to pay for their property are subject to delays. For married couples, the deadline is 12 months from the date the divorce order takes effect. For de facto couples, it is two years from the date of separation. A separation agreement is a complex legal document, the division of your property after separation will probably be one, if not the biggest financial decision of your life. We recommend that all parties who separate or are considering specific family law advice so that they can achieve a fair result in these difficult times. The date and circumstances of the separation are also relevant to property issues, either for married couples or in fact. For married couples, the court will consider each party`s contributions from the date of separation, when determining how assets can be split. Assets that appeared after the start of the separation process may be treated differently from those accumulated during the relationship and, if that asset is significant, this can result in a substantial difference in each party`s financial situation. Therefore, if there is no ambiguity as to the date of separation, it is likely that any disputes that arise concerning these types of assets will be easy to resolve.
You, as well as your spouse or ex-partner, have the right to reside in your home after the separation, regardless of the name on the rental agreement or the title of the property. Inconsistent separation data can be inconvenient; However, the exact date can normally be determined by taking into account several factors. As I said before, the question is whether two people live together as a couple. In answer, the following factors can be taken into account: the early judicial orientation of a family lawyer in the separation process can help the parties to know their legal rights, set temporary conditions and establish a framework for the completion of the matter. Getting legal advice quickly will ensure the best result in an efficient and effective manner. A separation process can begin at any time and does not require lawyers or court to do so. However, once you have made the decision to separate, it is often a good idea to get the first tips to ensure that all aspects of your relationship are treated properly and that your new start is made. They could, for example, reach an agreement that might not correspond to what a court deems fair or to reach an agreement that consists of some unusual aspects that complicate the formalization of the agreement by a decision of approval. If this is the case, the parties can enter into a financial agreement under the Family Act (Cth) of 1975.