What is a binding financial agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalizing property settlement and spousal maintenance issues outside of the Court. Also referred to as “pre-nups”, binding financial agreements are created between parties of a relationship or marriage to legally protect and allocate assets if the event the marriage ceases. Whilst many people believe planning for divorce before the marriage begins is controversial, a binding financial agreement is prudent estate planning, similar to...
Parties Wastage Following Separation Usually during cases of separation or divorce proceedings which reach the Court, one party has made the other party’s life very difficult, often causing heated disputes and emotions. Although a party may have been difficult, lied, cheated or has caused the other significant pain, the other party is not typically entitled to any additional money during property settlement. In determining Family Law property settlements, a party’s immoral actions or conduct such as infidelity, minor violence (not...
Who Keeps the Engagement Ring Law after Separation? [caption id="attachment_11754" align="alignright" width="350"] Engagement Ring Law[/caption] Who keeps the engagement ring after divorce/separation according to engagement ring law? One of the big questions couples have after a relationship breaks down is what happens to the engagement ring. The issue of which party has a claim to this item can be contentious, with many different opinions based on tradition, morals, and conventions. Where parties are disputing the ownership of the ring, this...
Divorce and pets: Who Gets Animals in Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision of who gets the primary care of the animal can sometimes be tense and lead to hostile situations. Some of the situations regarding Animals During Divorce Proceedings that commonly arise...
Since the implementation of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, factors such as sex and gender no longer affect Australian marriage rights, with same-sex marriage now legal amongst all states and territories. These changes altered the existing Marriage Act 1961, redefining marriage to be ‘the union of two people to the exclusion of all others, voluntarily entered into for life’. Same-sex Marriage Marriages involving couples of the same-sex are recognised with Australian divorce proceedings, regardless of whether...
Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimising conflict between couples following the unfortunate breakdown of the relationship. Common in these situations, both parties will be subject to a wide range of difficult emotions; inevitably though, both parties will suffer. During these times of significant transition, children often find it difficult to cope with the vast number of events happening. Children may typically display and...
Better Health During Divorce Process Going through separation and the divorce process can be stressful on so many levels. That’s why it’s imperative you really make an effort to look after your health throughout the entires. How to survive the divorce process? Getting sick or rundown is not going to help when you are facing the divorce process, so here are a few tips to stay mindful of as you strive to close this major chapter of your life. Take...
Are you Getting Divorced? While we all want and need emotional support from those we are closest to when going through a marriage crisis and potential divorce, it’s not always wise to seek critical advice about what to do or how to handle the situation of getting divorced from the people we know. This is a very crucial time of life when emotions are running hot. If you tell your loved ones that your partner has up and left you,...
Do it for the kids. Separation and divorce are tough on everybody involved, and it can be even harder on children. While adults are often struggling to understand what went wrong, the kids often have no idea why their beloved parents are separating and no longer want to live together. Here we’ll look at a few tips to try and help your children through the process. Try and Maintain a Civil Relationship Some relationships end on mutual terms, and some...
When a relationship ends there is a lot of focus on the pain and strain of separation and divorce, as well as negotiating parenting plans, child visitation rights, and the division of property, assets, and liabilities. Of course, all of these things are extremely important, but what about the pets law? Who gets to keep the family’s beloved cat or dog? Many people these days think of their pets as furry little children. They are just as important as any...
Coping During Separation and Divorce There are not many moments we’ll encounter in life than can be more stressful and depressing than going through the breakdown of a romantic relationship. Throw the process of a divorce into the mix and things can become even more confusing and exasperating. Here are a few top tips to focus on when enduring this stressful period, helping you to cope better throughout the process. If You Have Children, Put Them First Separation and divorce...
How to protect yourself after separation? Separating after a long-term romantic relationship can be tough to deal with on an emotional level, but dealing with the pain is only a part of what has to be done. Now is the time to also tidy up some loose ends and protect yourself now that the relationship or marriage is over. To protect yourself after separation, there are a number of things you should be doing, including the following: 1. Change Your...
Divorce property settlement examples Hang on. If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours. How would be the Family Court view on "Divorce property settlement examples" for a gold lotto prize? A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court, an inheritance is treated differently to a lotto win. The Family Court has great difficulty in distinguishing...
If the marriage separation process does occur. What should you do? A marriage separation process has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship and lead separate lives There are important things that you should consider if marriage separation is inevitable. If there are difficulties in your relationship look for a solution....
