Other Family Law FAQs
What is a Financial Agreement?
Parties can make legally enforceable financial agreements also known as a “Binding Financial Agreement” or a “BFA” pursuant to the Family Law Act 1975 (CTH).
First and foremost there must be an agreement between the parties.
The agreements can, provide directions about how their joint and separate property is to be divided between them, now or in the future, as well as spousal maintenance and other issues.
Financial agreements’ can be made:
- Before (also known as a Prenuptial Agreement);
- During; or
- At the end of a relationship.
Financial agreements’ allow parties to come to a legally binding agreement without the need for Court.
We can assist with Financial Agreements and answer any questions Financial Agreements. Please call our office on (07) 5532 3199 to arrange an initial conference.
You can agree with your ex-partner as to how you want to deal with Superannuation.
In December 2002 Changes in the law were introduced which enabled the Family Court to make orders that enable a party to a family law matter to split their superannuation and have a percentage or a set amount transferred from their superannuation fund to the superannuation fund of their ex-partner.
We work closely with qualified experts who can value a superannuation entitlement if necessary whether it is an accumulated or defined benefit interest. It is also necessary to consider the taxation of the superannuation entitlement when a valuation is undertaken.
We can assist with Family Law matters relating to Superannuation and answer any questions. Please call our office on (07) 5532 3199 to arrange an initial conference.
How are pets dealt with?
Rover may be part of your family but the law sees pets as property, not as a person.
A court will not make orders for the “Custody” of pets.
If possible, attempt to reach an amicable agreement with your ex-partner about your pet. If an agreement cannot be reached, the only way a Court can resolve the issue is by making an Order as part of the division of your assets and liabilities.
We can assist with property settlements and answer any questions regarding pets and property settlements. Please call our office on (07) 5532 3199 to arrange an initial conference.
What time limits apply?
Marriage Separation - If you have not finalised your property settlement by the time of your divorce, you need to do so within 12 months of your divorce. This is because there is a time limit of 12 months to start Court proceedings after you are divorced. The Court can give permission to start Court proceedings after this 12 month period in limited circumstances, but you should not assume that permission will automatically be granted.
De Facto - Either party can apply for a property settlement within 2 years of separating. The Court can give permission to apply outside of that 2 year period in limited circumstances, but you should not assume that leave will be granted.
We can assist with timeframes and answer any questions regarding timeframes. Please call our office on (07) 5532 3199 to arrange an initial conference.
How much does it all cost?
Because each case is unique, the likely costs in a particular case will also vary. Each client is treated individually and we ensure that the issue of legal costs is discussed openly and clearly at the initial consultation.
Our aim is to achieve your desired outcomes on the most cost effective basis possible.
Please call our office on (07) 5532 3199 to arrange an initial conference.