DE FACTO COUPLES & MAINTENANCE - Craddock Murray Nuemann Lawyers Sydney

DE FACTO COUPLES & MAINTENANCE
Article Related Articles Related Services Publish Date: Jun 11, 2011 Previously in NSW the Property (Relationships) Act dealt with how to achieve a financial settlement arising out of the breakdown of a de facto relationship. Under this legislation, de facto couples did not have an automatic right to maintenance from one another. Maintenance could only be claimed in limited circumstances, including where it was necessary for the maintenance to be paid to enable a party to undergo training so they could become gainfully employed, or where a party had the care of a child under the age of 16 years. Since March 2009, in NSW financial settlements arising out of a de facto relationship are now dealt with under the Family Law Act. This legislation now creates an obligation upon de facto partners to provide financial support for one another, in the same way as with married couples. In the event that one de facto partner seeks maintenance from the other, that party will need to establish a need for the maintenance, and that the other party has the capacity to pay it. It is only then that a court will make an order that one party maintain the other, and usually for a limited period. Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service. Dominic will refer you to an Accredited Specialist Family Lawyer. Back Additional protection for de facto couples Craddock Murray Neumann Lawyers A new Bill proposes additional protection to de facto couples under the Family Law Act for property and maintenance matters. All Relationships Under the one law Historically, the Commonwealth made laws dealing with marriage relationships, whereas the various States and Territories had the power to make laws dealing with matters arising out of the breakdown of de facto relationships, including parenting and financial issues. Changes to De Facto Relationship Law : A Move Towards Equal Treatment Craddock Murray Neumann Lawyers A Paper presented by Craddock Murray Neumann on the Changes to De Facto Relationship Law. DE FACTO COUPLES & MAINTENANCE De Facto Relationship Legislation In 2008 legislation was passed to amend the Family Law Act 1975 to allow de facto couples (opposite sex and same sex) to access the federal family law courts for property and maintenance matters. Do I need a pre-nup? In Australia couples who are considering living together, as a de facto couple (whether same sex or heterosexual) or are considering marriage have the option of entering into an agreement to protect their assets in the event they separate. This agreement can protect not only assets in existence now, but also assets the parties purchase throughout the relationship. Family Dispute Resolution If you are in dispute with your partner regarding the care arrangements for your child you are required, by law to engage in what is called Alternative Dispute Resolution. Financial Support: Spouse/De Facto maintenance Married couples, and now de facto couples, have a legal obligation under the Family Law Act to provide financial support to one another. If that financial support is not forthcoming, then either party to a marriage or de facto relationship is entitled to apply to a Court for orders that the other party pay maintenance to them. How does a judge assess credibility A small minority of family law cases require a decision from the Court, whether it involves parenting or financial issues. Where there is a different version of facts given by each party, one of the tasks of the Judge hearing the case is to make findings of fact. In other words, which version of events does the Judge believe to be the correct version. Inheritances and Gifts in Family Law, how are they treated? Consider this example: John and Jill have been married for 10 years and have recently separated. Around 2 years ago Jill’s father died and Jill received an inheritance of $100,000. These monies were deposited into a joint bank account and have been used by the parties to assist in the purchase of a property. Now that the relationship has broken down what becomes of Jill’s inheritance? Parenting & Financial Matters in De Facto Relationships For many years de facto couples who separated with children faced having to use two different legal systems. Problems about their children were dealt with in the Family Law system, under Commonwealth law, while disputes about financial matters were resolved in State courts. In addition, the entitlements in financial cases were less generous for a financially disadvantaged party than in marriage cases, and superannuation benefits could not be divided. Property of the Marriage: What Assets are Available Craddock Murray Neumann Lawyers Upon the breakdown of a marriage one of the issues that needs to be addressed is a financial settlement. This involves dividing the assets, liabilities and superannuation of the parties whereby each party is allocated their share of the net assets, with the end result that none of the assets and liabilities are held in joint names. Spouse/De Facto Maintenance: What Will I Receive/Have to pay? Craddock Murray Neumann Lawyers When considering what amount of spouse/de facto maintenance a party is entitled to receive, or may be required to pay, the starting point is to complete a Financial Statement document as accurately and as truthfully as possible. Stamp Duty Exemption on a Property Transfer Parties may also be entitled to a stamp duty exemption if the Court makes Orders requiring a transfer of property. When is a relationship a De Facto relationship? In late 2008 various States in Australia surrendered to the Commonwealth Parliament the power to deal with the financial aspects of the breakdown of de facto relationships. De Facto Relationships Financial Support Tweet		Search Book An Appointment Make an Enquiry A member of our legal team will contact you as soon as possible * * * Brief description of enquiry: Type the characters below: * Refresh Image