Legal Question in Family Law in Australia

Re: Financial Arrangements +Divorce

Dear Sir/Madam

In response to your recent enquiry. I advise that there is no hard and fast rule as to a Property Settlement after Separation. In Australia couples may apply for a Property Settlement (or Financial Settlement) immediately after separation and do not have to wait to be divorced.

There is no 50/50 rule. Each case is different and in each case the Court retains a discretion to make an Order that is Just and equitable.

The process of Property Settlement involves three steps:

1. The Court identifies and values all items of property of both Husband and Wife;

2. The Court assesses both parties contributions during the relationship, these contributions include such things as financial contributions, non- financial contributions, contributions as a homemaker and parent and other contributions to the Welfare of the family;

3. The Court has regard to a number of other factors (referred to a Section 75(2) factors which relate to matter s concerning each parties current and future prospects including their age, state of health, earning capacity, whether either party has care of the children under 18 etc and depending upon which of these particular circumstances is relevant the court may make a further adjustment of property in favour of one of the parties.

I advise that if you want some specific advise concerning your particular facts then I would be able to provide you with that specific advise upon you answering a set of questions that I could provide to you. I advise that I charge at the rate of $220 per hour and the costs of obtaining my preliminary advice would be approximately $440 (2 hours of my time). If you wish to proceed, please contact me directly and I will forward to you a list a further detailed questions for you to answer so that I can provide a specific and detailed advice to your particular situation.

Yours faithfully

Brett Hartley

Principal

Hartley Family Law Services

Accredited Family Law Specialist

Level 15, Brisbane Club Tower, 241 Adelaide Street, BRISBANE QLD Australia 4000

GPO Box 678 BRISBANE QLD 4001

Email: [email protected]

Web site: www.hartleyfamilylaw.com.au

Phone: +61 7 3220 1299

Fax: +61 7 3220 1277

Mobile: 0417 569 299

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