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Separation Agreements are a type of Binding Financial Agreement. A separation Agreement is entered into in anticipation of, or at the conclusion of a same sex couple relationship. These Agreements can provide for the division of the parties’ property and maintenance.
Separation agreements are a type of Binding Financial Agreement. A separation agreement is entered into in anticipation of, or at the conclusion of a de facto relationship. These agreements can provide for the division of the parties’ property and maintenance.
The following informative article about coping with separation and divorce at Christmas was published by Relationships Australia www.relationships.org.au
For some people, Christmas can be the most stressful time of the year. People can feel increased financial pressure from the costs of buying gifts, entertaining and holidays, and there can be increased strain from spending time with family members. For those people with complex family situations, such as separated families, Christmas time can present even greater challenges. Stress, anxiety and depression are common feelings over the holiday period.
There are some practical things you can do to prevent stress at Christmas
If you need professional medical help, talk to your doctor or your local community health center
If you would like to talk to someone immediately, you can contact:
You can also access counselling and support services in your state and territory through the Relationships Australia website www.relationships.org.au or by calling 1300 364 277
If you feel anxious or depressed, information and resources are available at www.beyondblue.org.au
If you are a young person, or the parent or career of a young person with mental health problems, support is available at www.headspace.org.au
If you are caring for someone you may find useful information and resources at www.carersaustralia.com.au
If you, or someone you know is experiencing family violence you can contact 1800 RESPECT 24 hours a day 1800 737 732 or www.1800respect.org.au
If you need help with budgeting, you can find a financial counsellor in your local area by accessing
http://www.financialcounsellingaustralia.org.au/Corporate/Find-a-Counsellor
You can also talk to a phone financial counsellor from anywhere in Australia by ringing 1800 007 007 (minimum opening hours are 9.30 am – 4.30 pm Monday to Friday).
If you are having ongoing conflict or disagreements with your children, siblings, parents or extended family, you can seek the professional assistance of a counsellor or mediator, for example see:
There are many volunteering opportunities in Australia and the websites below can give you some ideas about the various ways you can broaden your social networks and contribute to your community:
http://www.volunteeringaustralia.org/
If you live near others who are likely to feel isolated, lonely or vulnerable around Christmas, check in with them, and perhaps include them in your own festivities. For information and ideas about what other people do for their neighbors see the Neighbor day website, Australia’s annual celebration of community:
Sources: http://www.mayoclinic.org/healthy-living/stress-management/in-depth/stress/art-20047544;
Parties to a same sex couple relationship can make binding financial agreements. A financial agreement can be made either before the relationship begins at any time during the relationship or on separation. The agreement can cover matters such as:
If you have come to an agreement without legal advice, you should obtain advice before you sign anything. Byron Bay Family Law & Mediation Specialists can provide you with the advice needed to make an informed decision before you enter into a binding financial agreement. We can also assist by drafting the agreement for you to ensure that it covers all the legal requirements that you may not have thought of.
Byron Bay Family Law is a Melbourne law firm. Please contact us on +61 3 9804 7991 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.
Parties to a de facto relationship can make binding financial agreements. A financial agreement can be made either before the relationship begins at any time during the relationship or on separation. The agreement can cover matters such as:
If you have come to an agreement without legal advice, you should obtain advice before you sign anything. Byron Bay Family Law & Mediation Specialists can provide you with the advice needed to make an informed decision before you enter into a binding financial agreement. We can also assist by drafting the agreement for you to ensure that it covers all the legal requirements that you may not have thought of.
Byron Bay Family Law is a leading family law firm in Australia. Please contact us on 1300 635 529 to speak with our family and divorce lawyers today. You can also send through your enquiry online now and we will contact you shortly.
Byron Bay Family Law & Mediation Specialists practices exclusively in family law and mediation, offering full and ‘unbundled’ family law and mediation services.
Our accredited family law specialists and mediators are leading experts with the skill, experience and commitment to guide and support you through to the resolution of your dispute.
Payments made to a former partner following separation
At Byron Bay Family Law and Mediation Services, we have wide experience in matters related to divorce property settlement. We take the time out to understand your concerns and offer the best possible solutions based on your individual situation. Our property settlement lawyers have an unrivalled reputation and can help you make an informed decision. We understand that separation is a stressful phase and assure you that we will be there for you when you need us. Reaching a mutually acceptable financial agreement in divorce can be daunting. With our bespoke service, we will approach your case to deliver a favorable financial outcome. We are driven by the zeal to ensure a fair settlement and you can count on us even for the most complex cases.
At Byron Bay Family Law and Mediation Services, we have wide experience in matters related to divorce property settlement. We understand that even if your finances are separate, there is the need for a formal financial settlement. Our experienced lawyers possess the expertise and understanding to enable you to handle the financial aspects of divorce as successfully as possible. We will outline ways to reach a fair settlement so that you do not face any legal disagreements in future. Approachable and experienced, our lawyers will help you get the results you want.
After you have taken the decision to divorce, sorting out the financial aspects can be a complex task. There is much to consider but with the backing of our expert property settlement lawyers, you can be sure that you will be supported at every step. We take the time out to understand your concerns and offer the best possible solutions based on your individual situation. Our property settlement lawyers have an unrivalled reputation and can help you make an informed decision. We understand that separation is a stressful phase and assure you that we will be there for you when you need us. Reaching a mutually acceptable financial agreement in divorce can be daunting. With our bespoke service and clear legal advice, we will approach your case to deliver a favorable financial outcome. We are driven by the zeal to ensure a fair settlement and you can count on us even for the most complex cases. We will ensure that your interests are protected and the divorce proceedings are as amicable as can be.
If you have any queries about family law property settlement, do not hesitate to book a consultation. We are here to answer any questions that you may have and will be happy to guide you through the process of a divorce property settlement.
If you have any queries about family law property settlement, do not hesitate to book a consultation. We will be happy to assist you.
Byron Bay Family Law and Mediation Services was established more than fourteen years ago as a boutique family law firm. Our offices are located in the inner Melbourne suburb of Toorak.
Our team of lawyers are experts in Family Law and Family Law Mediation. We have extensive experience and knowledge that allow us to provide an integrated approach to the complex range of issues faced by our clients. We are in a unique position whereby our family dispute resolution practitioners (FDRP) and mediators are also accredited family law experts; this ensures we bring a higher level of expertise to all our mediations.
Unlike many other family law firms, Byron Bay Family Law has a genuine commitment to alternative dispute resolution. This commitment is evident in the diverse range of dispute resolution options and services we offer that clients are unlikely to find anywhere else
We are passionate and dedicated to providing the best possible Family Law service in Melbourne. We have worked hard to gain expertise in all areas of family law, including complex international parenting and financial matters.
We can guide you through a wide range of issues related to legal separation in Australia. This commitment ensures we are at the forefront of family law developments in Melbourne. Vanessa Mathews was one of the fist accredited family law specialists also to become accredited as a FDRP and Mediator. The Byron Bay Family Law team continues to provide professional development services for accountants, financial advisors and mental health professionals. We are vigorously committed to continuing providing community service for a wide range of new initiatives. We provide all the personal service you expect of a boutique law firm with all the experience and knowledge you expect to find in a larger firm.
Byron Bay Family Law’s vision has always been to provide affordable access to the highest quality family law services and essential legal information. We have embraced the use of technology to support this goal. By using online platforms, Byron Bay Family Law can reach a much wider audience (including overseas), vastly improving the efficiency of our internal processes which results in a decrease in costs to our clients.
Via our website and Facebook page, we offer an extensive library of free explanatory videos, Facebook live recordings, downloadable e-books, radio interviews and blog articles. A valuable resource for those seeking detailed information on the public’s most frequently searched topics.
In 2011, MFL pioneered online divorce applications with www.divorce-online.com.au. and has since developed its web-based family law pathway. This process allows clients to enter their details online and obtain a personalised preliminary report, free of charge. Should the client engage the firm, this background information is used to prepare for the initial meeting with the client’s data automatically populated into various documents.
Other recent IT enhancements include interactive online forms, options to attend meetings, mediation and FDR via web cast, online payment portals and handy calculators.
All our clients benefit from clear, fully itemised invoices and trust statements with every interim invoice along with pre-payment of disbursements.
Although a boutique law firm, Byron Bay Family Law can offer the full breadth of family law services that all clients desire. Our clients are not left having to consult across multiple organisations to get the outcome they desire. Our services include the full range of family law dispute resolution services; such as negotiation, mediation, FDR and litigation.
MFL can also provide a secondary consultation role with institutional clients and allied professionals; this includes Relationships Australia, CatholicCare and CPAs/IPAs.
MFL is continually seeking to improve its services and enhance its performance. The firm’s principal, Vanessa Mathews, regularly consults with external experts to review the firm’s strategy, structure and operations and never shies-away-from creating new processes and adopting change.
Divorce law in Victoria is the same as other states in Australia (except Western Australia). The Family Law Act (1975) applies to all Australian states and territories except Western Australia. A judge deciding on a parenting or financial matter will follow the same rules, procedures and legislation to make their decision. The unification of laws across all the states (except Western Australia) means that Family Court orders obtained in one part of Australia will be enforceable anywhere else in Australia. The child support legislation also applies in Melbourne & across Australia. Intervention orders are also recognised and enforceable across state and territory borders.
Under Australian Law, you can apply for divorce after separating for at least one year. The Family Law Act (1976) instigated the ‘no-fault’ system of divorce in Australia. The only condition required is that the marriage has irretrievably broken down. The facts about who is responsible for the breakdown of the marriage is not relevant. If dependent children under the age of eighteen are involved, a divorce will only be granted by the court if proper arrangements have been made for their welfare. If you have any queries about divorce law in Australia, get in touch with us.
There is no presumption that a mother or father is a ‘better’ parent. The child’s ‘best interests’ is the paramount consideration.
There is no sexuality-based presumption or laws that are applied to same-sex parents. Again, the child’s ‘best interests’ is the paramount consideration.
There is no ‘one size fits all’ parenting presumption. The child’s ‘best interests’ is the paramount consideration.
There is no ‘50/50’ asset division presumption. The asset pool will be divided according to the particular circumstances of each case, including the various contributions made by each of the parties and their future needs.
No, you may apply for a property settlement any time after separation and before the divorce (and up to 12 months after divorce).
‘Pre-nups’ are enforceable provided they have been prepared in accordance with the strict legislative requirements.
The amount of time you live with your partner is not the only criteria the court will consider when determining if a de facto relationship existed. A de facto relationship may be found to have existed where the parties lived with each other on a part time basis only.
Byron Bay Family Law firmly believes in its corporate social responsibility. We also believe that corporate social responsibility is best demonstrated via actions rather than words. The firm’s Principal, Vanessa Mathews, has a Degree in Social Work from Melbourne University. She is passionate about providing low cost and pro-bono access to information and justice. Ensuring every demographic in the community is well supported and has access to expert Family Law advice.
MFL maintains four content-rich websites, with informative videos, a Family Law Library of articles and videos, online calculators, chat and applications processes, all provided free of charge. Regular Facebook Live videos, e-newsletters and other social media posts also disseminate valuable information at no cost, and through channels that are easy to access by the wider public.
We also have several other measures that provide affordable access to the firm’s services – free initial telephone consultations, reduced fixed-fee initial consultations, fixed-price services and a choice of unbundled or full-service delivery options.
MFL is involved in the LIV Referral Service, and provides education to other professionals. We actively work to create a strong Family Law community, with representatives participating in the following organizations: Relationships Australia Family Lawyers Panel; LIV Specialist Committee; International Academy of Family Lawyers.
Byron Bay Family Law is a multi award winning family law firm operating out of the Melbourne inner suburb of Toorak. Some of the recent awards won by the firm include:
If you are looking for Melbourne’s best family lawyers look no further than Byron Bay Family Law, Book a Free consultation today to start the process.
Oftentimes, particularly in circumstances where parties to a separation are amicable and consider that they “get along well”, spouses divide their assets according to a personal agreement – that is, an agreement negotiated personally between the parties without the use of lawyers or the Australian courts.
Such an arrangement is not legally binging, and until an agreement is documented in one of the approved manners, the agreement is considered to be an informal agreement.
One of the most significant consequences of not formalizing your property settlement is the possibility that your former spouse is able to make an application for a property settlement in the future – one, two or even several years later. Being required to undertake a settlement years after your separation can have detrimental impacts on your financial and mental wellbeing and makes it difficult to plan your personal affairs. This is particularly so when as far as you knew, the matter was dealt with and is in the past.
It is important, and a principal consideration of the Australian courts, that parties finalize the financial aspects of their relationship so that they can get on with their lives.
Australian family law affords former spouses (or parties to a de facto relationship) two ways in which they can formally finalize a property settlement. These are:
To reiterate, an agreement is not legally binding unless and until it is is documented in one of these manners.
Parties to a separation that have reached agreement about their property settlement are able to apply to the Family Court of Australia for orders to formalize the agreement so that it is legally binding. This application documents and details:
When considering an application for consent orders in respect of a property settlement, the Family Court must be satisfied that the orders proposed are just and equitable.
Although the parties are not required to obtain legal advice in relation to an application for orders, it is highly advisable that you do so, as the documents required are technical in nature, and the consequences of an agreement not being documented correctly can be costly and time consuming.
Parties to a marriage or de facto relationship can enter into a binding legal agreement (essentially a contract) that details the financial arrangements should their marriage or de facto relationship break down.
A binding financial agreement can be entered into:
A binding financial agreement is capable of covering:
Unlike an application for consent orders, in order for a financial agreement to be binding, both parties must seek independent legal advice as to the effect of the agreement on the rights of either party and the advantages and disadvantages thereof. Additionally, and as distinct from an application for consent orders, a binding financial agreement is not required to be deemed as just and equitable by the Australian courts.
You are not required to be divorced to formalize your property arrangements – in Australia, divorce is a largely administrative process and is distinct from property settlement matters.
You should also consider that when you are divorced, you have twelve months from the date that the divorce is granted to bring an application for a property settlement to the court. After this time, ‘leave’ (i.e. permission) from the courts to apply for property orders may not be granted, or may nevertheless be costly and time consuming to pursue. De facto couples have two years from the date of separation in which to apply to the court for property orders.
Our accredited family law specialists are available to assist in all matters pertaining to your property settlement and can advise as to the method that is most suited to your particular circumstances. If you would like to speak to one of our family law specialists about any of your family law matters, please contact us on 1300 635 529 or email [email protected] to arrange a free telephone consultation.
If your former partner chooses to dispute the date you separated, you may be required to prove when the separation happened. You may be in a position where you live with your former partner temporarily while you make other arrangements. In this event, you will want proof of the date on which separation occurred. One way to prove you have separated from your partner is to have it confirmed in dated written format, ideally signed by both you and your former partner. If a written and dated document will be difficult to acquire, then a text message to your former partner can often suffice.
If a precise date of separation isn’t known because it was a gradual process that happened over some time, it may be required for the Family Court to determine when the separation occurred. In this circumstance, the Family Court will look at factors such as:
The next step is to book a free 15-minute telephone consultation with an accredited family law specialist at Byron Bay Family Law and receive specific advice about your situation.
Book a free consultation online today.
Separation is never easy, especially when children are involved. There are always lots of issues that need to be addressed. You may need to organize new financial arrangements, possibly arrange new accommodation and transport. Then there is the difficult job of informing friends and family, which can affect your long-standing friendships. When children are involved a great deal of care needs to be taken to ensure their lives and wellbeing get impacted as little as possible.
Even if you are not married, separation can still be complicated and involve legal paperwork. When children, child support, maintenance and property are affected by separation, legal advice and formal documents of agreements reach is likely to be of assistance.
Following separation, there may be disagreement about the management of parenting and financial issues. Family Dispute Resolution mediation, supported by your own legal advice, soon after separation may be of assistance and help to avoid disagreements becoming entrenched.
Family violence is a major reason for relationship breakdown. If you are experiencing family violence, please contact your local police who can provide immediate assistance and / or family violence support service who can support you to understand your situation and help you to formulate options for moving forward. Legal advice about parenting, child support, maintenance and property settlement issues may be of assistance at this time.
Just as no two experiences of relationship breakdown will be the same, there is no ‘one size fits all’ approach to the resolution of issues arising from the breakdown of a relationship – what works for one person may not necessarily be the right solution for you.
Byron Bay Family Law is one of the most experienced family law firms in Melbourne with the knowledge to guide you through the most challenging of experiences.
If you are contemplating separation or divorce, book in an obligation free 15-minute consultation with one of our accredited specialist family lawyers to understand your rights and options.
Contact us today for a free consultation.