Until you have a property settlement, your assets and financial resources are open to division between you and your former spouse. As a full service firm, Chamberlains can provide you with advice about your rights, responsibilities and entitlements in relation to a property settlement under the Family Law Act, but also ensure that any outcome protects your commercial interests and is consistent with any future estate planning.
Whether you are considering separating and need some preliminary advice, have an agreement you wish to have documented, need assistance negotiating with your former spouse or representation in Court, our Family Lawyers can assist you with timely advice regarding an appropriate distribution of your assets and the best way of achieving your outcomes.
Financial Agreements can be entered into prior to or during a relationship or marriage to protect assets and document how property is to be divided upon separation. This can reduce uncertainty and delay in resolving your matter if you separate. If you have already separated, Financial Agreements can be a way of documenting a consent Agreement reached that includes provision for or protection from spouse maintenance after separation.
Financial Agreements can cover all of the property of the parties, or specific assets only. If your financial circumstances are complex or involve commercial interests, we can advise you regarding options for a Financial Agreement that provide for protection from issues or taxation consequences that may not be able to be provided for if your matter is litigated.
Child support is an obligation for one parent to pay the other parent or non-parent carer financial support for the benefit of that party and their child. It is usually based on income and the current arrangements for care, and paid on a periodic basis.
If the usual formula is not meeting the needs of your family or you have reached an agreement regarding child support, we are able to assist you to document that agreement in a manner that is enforceable with the Commonwealth Department of Human Services.
A spouse may apply for maintenance after separation if there is a need for financial support and a capacity to pay that support. This may be paid periodically or as a lump sum, depending on the circumstances. This application is not common, but our Family Lawyers are able to advise you if receiving or making a payment of spouse maintenance is a likely outcome in your circumstances.