Property settlement matters can be complex and often require specialist skills and experience to secure your entitlements.
The Family Law Act sets out what the court will consider when determining how property should be divided upon the end of a relationship.
Property includes assets and liabilities that are owned individually, with another person or by a family trust or company.
At Preston and Associates our Lawyers have extensive experience in conducting property settlement matters, including complex matters involving family trusts, international property, self-managed superannuation funds and companies.
Upon separation, there is no automatic right to receive or duty to pay spousal maintenance.
It is important for parties involved in separation to know their rights in relation to spousal maintenance, as it can be a particularly complicated area of the law.
The Family Law Act provides that one party to a marriage (or relationship) is liable to maintain the other to the marriage (or relationship) to the extent that one party can reasonably do so, and if, and only if, that other party is unable to seek him or herself out adequately.
There are a number of factors which the court looks at in determining whether one party is able to adequately support him or herself or not. Some examples may be the fact that one party has care and control of children of the relationship, or by reason of age or physical or mental capacity is unable to obtain appropriate gainful employment.
It is important to remember that even if one party is unable to adequately support themselves, the other party is only liable to support that party as far as they are reasonably able to do so.