Pre-action procedures are where you attempt to resolve a dispute outside of court. Pre-action procedures must be completed before you can take your matter to the Federal Circuit and Family Court of Australia.
When separating from your partner, the division of your shared assets is an important step before you can move forward.
When it comes to finance and property in Family Law, both parties have a duty of disclosure from the beginning to the end of the case. This means that you and your former partner have a duty to disclose your financial circumstances to the court and to each other to give all financial information and documents relevant to the case.
Family law negotiations may involve substantial business interests, trust structures, corporate business involvement which can complicate financial settlements.
The definition of a spousal relationship has changed in Family Law to reflect the changes in society. This means that as a de facto couple, both same sex and heterosexual, you are protected in matters related to property, finances, maintenance and parental rights.
When you are considering getting married, it can be difficult to consider or imagine what will happen if your relationship breaks down. However, statistically one in three marriages do end in divorce so it is highly recommend that a pre-nuptial agreement is considered to protect you and prevent disputes in the difficult scenario that you do end up separating.
Spousal maintenance is the financial support of one spouse by the other when a marriage or de facto relationship has broken down. Spousal maintenance is payable if there is a substantial difference in the incomes of the spouses when you separate.
In Family Law, Deanna often comes across cases where one party does not comply with a with a court order. This includes financial and property settlement orders. For example, your former spouse has not paid you the cash sum or signed the documentation to transfer property to you.