The Family Court has the power to make orders for property settlement. All of the assets of the parties, whether the assets are in joint names or not, are taken into account.
Applications for Property Settlement can be commenced at any time up until 12 months after a divorce becomes final.
Each party has an obligation to fully disclose his or her financial position to the Court and the other party.
The Court is obliged to make orders which are “just and equitable” having regard to:
- the financial contributions of each of the parties;
- the non-financial contributions of each of the parties, particularly in the role of homemaker and parent;
- the future financial position of the parties, including the need to provide for children and the capacity of the parties to provide for those needs.
McAuliffe Legal has extensive experience dealing with matrimonial property issues for clients in Margaret River, Busselton and Bunbury, including complex financial arrangements with extensive disclosure and is able to advise on the optimum presentation of property applications. We can also advise you on the likely outcome of the case if it proceeds to Court.
Spousal maintenance is a form of financial support and maintenance of one spouse by the other spouse – quite separate from property settlement.
Upon marriage breakdown, spousal maintenance usually takes the form of periodic monetary payments from one spouse to the other, lump sum cash payments, or payment of expenses for a spouse’s daily living costs such as mortgage instalments, payments of rates, utilities, health care costs, and other household expenses.
The concept of spousal maintenance also extends to the payment of maintenance by parties to a defacto relationship. Similar rules apply in determining the obligations of one defacto partner to another.
Spousal maintenance is commonly used to assist a former spouse or former partner during the difficult period between separation and finalisation of the property settlement. Maintenance orders commonly address the needs of the party during this interim period and in appropriate cases can also provide ongoing assistance following the finalisation of the property settlement. At McAuliffe Legal we have extensive experience in assisting our clients in crafting appropriate orders to assist them during this difficult time.
A person to a marriage is liable to maintain the other person by way of spouse maintenance payments to the extent that the paying person has the capacity to do so AND the person receiving the financial support is unable to support himself or herself adequately by reason of:
- having the care and control of a child of the marriage under the age of 18 years;
- their age or physical or mental incapacity for gainful employment; or
- for any other adequate reason, including such things as family income and resources, commitments to support oneself and children; and
- the standard of living that is reasonable within the context of the family.
McAuliffe Legal can help you negotiate and prepare a spousal maintenance agreement, or if no agreement can be reached, we can assist you in Court to achieve your desired outcome.