Division of property after short relationship

Professional Family Lawyers on Brisbane’s Northside

When all items of property are known and the values of all property calculated, property is divided between the parties in certain proportions.

When all items of property are known and the values of all property calculated, property is divided between the parties in certain proportions.

The proportion each party receives depends on how much they have contributed to the property over time.

However the nature of the contributions does not only have to be money. One party may have worked hard in a less well paying job or paid towards improvements or maintaining the property which cannot be calculated in direct money terms. The other party may have also of raised the children and kept the house which are also regarded as ways of making valuable contributions.

Consult Family Lawyers for advice on your current and future circumstances:

Proportions to which each party is entitled after being calculated on the basis of contributions can then be varied depending on the parties respective current and likely future circumstances.

So one party might receive more if the other party is receiving or has the capacity to receive a much higher income or one party is sick and disabled and the other in good health. The proportion one party might receive might be also increased if that party is looking after children of the relationship or another dependent or if that party has significant financial resources in a Trust or a superannuation fund.

After these factors are considered the proportion can further changed if the division does not look fair and equitable. For further information we recommend speaking to one of our family lawyers which welcome new clients from Brisbane’s northside and surrounding areas.

What emphasis does the court place on direct financial contributions in a shorter relationship?

In a short relationship direct financial contributions are likely to be given more emphasis than indirect contributions or contributions by way of improving the welfare of the family.

When one party has made a much larger direct financial contribution at the commencement of the relationship or by making larger payments for direct contribution during the relationship, these factors will be taken strongly into account in a short relationship because in a longer relationship their value will have reduced as against the importance of other contributions by the other party of an indirect or family welfare nature.

Such indirect contributions include; maintaining the home to enable the other party to go out and work or family welfare contributions such as looking after the children. However in short relationships the factors which potentially affect the ongoing circumstances of either party such as their comparative incomes and standards of living may result in a significant increase in a party’s entitlement especially where there is the ongoing support of a child or children or the low income earning party has ill health, limited earning capacity or comparatively few financial resources.

Northside based Brisbane Family Lawyers

Splitting up after a short-term relationship can sometimes be complicated, especially when it come to the division of property. If you require legal advice from experienced family lawyers please don’t hesitate to get in touch with our Brisbane northside team. Call 07 3350 4417 today about your family law matter, or in regards to any of our other practice areas, including wills and estates, conveyancing or business law.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

What to do when a break up occurs! Brisbane’s Family Lawyers

Separated, what next?

People do not necessarily realise the first steps to take that when they break up from their spouse or partner in terms of how to sort out the property and their parenting matters.

“ This can often be one of the most difficult and stressful times in a persons life. Not only do you have to come to terms with being single again but you may also feel stressed about your future and what do in terms of parenting and property”.

Whether you live in Brisbane or a nearby area, read on for some basic tips and advice from our qualified family lawyers who have a depth and breadth of experience in the area of separation.

Some Basics on family law:

The law in Australia is not about tearing apart either parent from their children, in fact the Law is concerned with working out what is the best thing for the children. Therefore, if possible it is best for children to maintain a relationship with both of their parents. It is not looking at what is right or wrong but what is best for the child.

The courts work out what is the best arrangement for each family as no two families are the same.

Division of property will also result in what the Court considers to be fair.

Some simple advice about separation:

As this time can be very stressful when you initially separate, don’t forget to do these basics:

  • Are you safe?

  • If there is Domestic Violence you may need to leave the family home and even get a Domestic Violence Order.

You might be concerned that if there is domestic violence and you need to leave that you may not have any rights to the home or your property. This is not true, you do have rights. The main thing is to do what is best for your children and yourself in terms of your safety.

For further information: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence

  • Do you need to change your Will, Power of Attorney, Superannuation details or Insurance details?

  • You need to communicate your separation to government organisations and let them know your change of details.

You may not realise but until you have Parenting Orders in place by the Court, you are not protected in terms of legally enforceable rights of custody with each child.

You will need to consider:

  • You need to work out where the children live;

  • How much time the children spend with each parent

  • This can be complicated, so to discuss this and other issues that need to be included in your Parenting Plan you should contact a Solicitor.

  • Once you have worked out what your Parenting Plan consists of then:

  • You can try to sort out your parenting arrangements through Family Dispute Resolution before going to Court.

Get the separation lawyers supporting people across Brisbane

If you live in Brisbane and are going through a separation it’s helpful to speak to family lawyers, so contact Terry Anderssen today for professional legal advice. Call us on 07 3350 4417 for family law matters, as well as assistance with wills and estates, conveyancing or business law.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

Brisbane Family Law: Division of Property & Quick Tips from Separation Lawyers

The division of property after separation can be particularly stressful and difficult territory to navigate. It is important to know your legal rights and find out what you are entitled too.

You may need to get some preliminary legal advice in order to know what is the best way forward in your property settlement. It may be possible to come to an agreement outside of court however if both parties are not agreeable, and depending on the length of the relationship, whether children are involved, the parties contributions and the amount of assets involved then you may need the advice of a lawyer.

If you’re looking for divorce and separation lawyers in Brisbane’s northside, Terry Anderssen Solicitor is highly experienced in family law matters relating to the division of property between the parties and can help you navigate this process.

The Family Court determines the way property is divided between married persons and defacto partners after separation depends on the Family Law Act 1975.

Quick Tips from Brisbane’s northside divorce lawyers:

In order to reach an agreement about how property will be divided up certain steps have to be taken. This is a quick reference to the preliminary steps needed to be taken to start considering how to divide property between the parties.

Steps to be taken are:

  1. Make an inventory of all assets and liabilities at the time of separation

  2. Obtain a value of all assets

  3. Calculate what each party has contributed both directly and indirectly to the property

  4. Work out factors affecting each party such as their current financial positions and abilities to earn income along with other factors such as the cost of caring for parents, and whether either party has a disability.

Providing Brisbane with experienced separation lawyers for property division

If you are going through a separation and need assistance from divorce lawyers regarding the division of property in Brisbane’s northside or surrounds get in touch with Terry Anderssen. Call 07 3350 4417 today for all matters relating to family law, as well as wills and estates, conveyancing and business law.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

Property Division: Not All Contributions Are Financial

This blog will explain how non-finanical contributions are dealt with by the Courts when a relationship ends. If you live in north Brisbane or surrounds and are in search of lawyers that practice fmaily law and can assist with property divisions read on to find out more and contact Terry Anderssen.

Family lawyers in North Brisbane that understand property division

How does the Court deal with non-financial contributions?

To determine how property is dealt with at the end of a relationship the law will look at the contributions of the parties, taking into account assets and liabilities that have been acquired by financial and non-financial contributions.

What are non-financial contributions?

Non- financial contributions are also described as indirect contributions and can consist of work done or emotional support. Such actions can include maintenance and improvement of an asset that cannot be easily quantified in money terms.

Support and assistance by one party to the other party who is directly contributing by earning money to pay off the mortgage on a property being acquired can include conservation work to the property which may directly conserve or increase its value although the work carried out by one of the parties cannot be quantified at commercial rates.

The relevant legislation is s79(4)(b) and s79SM(4)(6) which deal with direct and indirect contributions by or on behalf of a party to the marriage or a de facto relationship.

What about parenting or home-making, does the Court consider these to be a contribution?

The answer is yes! Contributions of this nature are referred to as welfare contributions and include cleaning, cooking, raising the children and generally looking after the home.

The basis for recognising contribution to the welfare of the family and generally indirect contributions was that the wife in a traditional role should have her contributions treated as a relevant effort towards the acquisition, conservation or improvement of the property (Mallet v Mallet 1984 FLC)

The Court views that the contributions of home-making or parenting has enabled the other party to be able to go to work in order to earn money to make the direct contributions and free up the money-earner to pursue without interruption his or her business activities. See Ferraro & Ferraro (1993) FLC 92-355.

Get in touch with Northside Brisbane lawyers today

Don’t look any further for lawyers than Terry Anderssen – practicing family law in Brisbane’s Northside, as well as the areas of wills and estates, conveyancing and business law.

Contact us today by calling 07 3350 4417 today or email admin@terryanderssen.com.au with your enquiry.

Brisbane Lawyers on The Importance of a Will

The will is a most important document because it is the only way of ensuring our wishes can be carried out after we have died.

These wishes are about how you want to distribute your property after you die and who you want to manage your estate and the carrying out of the intensions expressed in your will after your death. Whether you live in Brisbane or surrounds it can be helpful to seek advice from lawyers experienced in wills and estates.

Professional advice from Brisbane’s northside will lawyers

Your will should therefore include:

  • Who will be the executors and trustees of your estate
  • Whether you wish to leave any specific items or sums of money to anyone in particular
  • Who you would like to recieve and in what proportions the remainder of your estate.

There can be other issues you may want to address in your will such as:

  • The forgiveness of a debt such as to one of your children
  • The inclusion of a testamentary trust such as where you wish to leave funds for a child with a disability
  • The donation of your organs or whether you wish to be buried or cremated
  • To express your wish that a child or children live with or be cared for by a particular person if you die while he or she is an infant.

What happens if no will is made?

If you die without a will the Succession Act sets out who will be entitled to benefit from your estate. It will be up to one of your beneficiaries of your estate to volunteer to administer the estate. The result maybe conflict and confusion about who will be responsible for the estate and people you intended to benefit from the estate may not receive what you wanted them to.

Brisbane’s northside lawyers for wills and estates

For professional advice regarding wills and estates please don’t hesitate to contact our Brisbane northside lawyers on 07 3350 4417 today. We also practice family law, conveyancing and business law if you need assistance with matters relating to these areas.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

Establishing, buying or selling a business

There are many legal issues to consider whether you are either buying or selling a business or leases.

“Research and planning are required when establishing or buying a business and care is also needed when selling one!”

You should ensure you investigate the nature of the premises and the suitability and terms of any lease to be entered into.

Other Issues to consider:

  • The structure of the business whether a sole trader, partnership, company or trust;
  • The appropriateness of the business name;
  • The financing set up; and
  • Funding options.

You should ensure you carry out a proper study of the prospects of the business you plan to establish or buy and consult a properly qualified Accountant to assist you with a business plan and setting up of the new business and investigation of the books of the business you propose to buy.

An Accountant will also help you with advice on your bookkeeping needs if you are new to business and requirements for taxation reporting.

Any contract to buy should be subject to a due diligence investigation entitling you to ensure all aspects of the proposed business including its past performance are satisfactory.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderson Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

Learn About Issues Concerning Separation from Experienced Brisbane Lawyers

If you live in Brisbane and are going through a separation our highly trained lawyers can be of assistance. Read on for answers to some common questions about separation.

Can a couple be separated if they continue to live in the same house?

Even though parties are living in the same residence, basic requirements for separation can exist. A party must be able to demonstrate a total break with the marital relationship and this can be shown by some or all of the following:

  • Ceasing of sexual relations and sleeping in separate bedrooms;
  • No longer socialising together;
  • No longer sharing meals or other activities together;
  • Giving the impression to family, friends and neighbours that the relationship is no longer continuing.

Why is separation important?

If parties separate certain issues arise such as who is to be the primary caregiver of the children, who are they to live with and how much time are they to spend with the other party.

If the parties cannot agree they must attend mediation through, for instance, a Family Relationship Centre to endeavour to resolve the dispute before they can go to Court. However one party might dispute that the relationship has broken down and it is then for the other party to prove separation has occurred. This may require evidence from a third party such as a friend, family relation or neighbour.

The issue of separation is also important to resolve property division disputes and if one party disagrees that separation has occurred, the other will have to prove it in the course of proceedings in a Court. This is a fairly unusual situation.

Time Limits for Separation

Finally, although parenting and property proceedings can occur soon after separation occurs, if the parties want to divorce they have to wait one year from the date of separation.

Sometimes a dispute can arise with an Application for Divorce is brought because the Respondent disputes the date of separation.

An Application for Divorce can only be filed after the parties have been separated for two years. If they have have contined to reside in the same property then the Applicant will have to demonstrate that while they continued to live in the same place there has been a total breakdown in the marital relationship and prove some or all of those matters referred to in paragraph one. If they have lived apart for two years the total breakdown of marriage is presumed.

Where parties separate having lived in a defacto relationship the Family Law Act requires that they must take action in a Family Court within two years of separation if they have not resolved their property iussues before then.

Separating married couples must apply to the Court within one year of the divorce if they have not resolved their property division dispute.

Professional separation lawyers assisting couples across Brisbane

For separation lawyers in Brisbane get in touch with Terry Anderssen. Call 07 3350 4417 for all matters relating to separation law, as well as the areas of wills and estates, conveyancing and business law.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

Check list: How to Prepare for your Consultation with Brisbane Family Lawyers

You have made your first appointment to see one of our Brisbane family lawyers in the northside so you may be thinking what next?

It may feel overwhelming making the step to see a lawyer. It can be helpful to prepare for the consultation in advance. Preparing for the consultation can help your appointment to run more smoothly for you and your lawyer. However, please note that your lawyer will guide you through what you need to provide. So, please do not hesitate to make an appointment because you are trying to get everything together before you go.  

Preparing to see family lawyers in northside Brisbane

The first time you meet your lawyer it is an opportunity for the lawyer to assess your circumstances and provide specific advice related to your unique situation. So make sure you bring with you any questions you wish to ask and clarify with your Lawyer any concerns you have.

So the first step is to write down any questions or concerns you have so you cover these in your consultation. The rest of the checklist is additional and optional to prepare. Some of the information may not be required at the first consultation however it is useful to be prepared.

Checklist: what to bring for a family law consultation- children’s matters

  1.  Any correspondence you have received from your ex-spouse or ex partner’s Lawyer
  2.  Details of the Lawyer of your ex-partner/ex-spouse
  3.  Details of any children, their names and dates of birth
  4.  Details of the date you commenced the relationship and other important dates such as when you got married and date of separation
  5.  Copies of important documents such as marriage certificate and birth certificates of children
  6.  If you have divorced from your ex-spouse, then bring the copy of the divorce certificate
  7.  Copies of any Court orders including Domestic Violence Orders or Court Orders made in relation to the children.
  8.  List of any specific questions you wish to ask the Lawyer.

Checklist: what to bring for a family law consultation- financial matters

*All of the below: include whether it is in your name or jointly or in your ex-spouse/ex partners name

  1. A list detailing property owned such as jewelry, electronic equipment, appliances or other property
  2. A list of all bank accounts and the recent balances
  3. A list of any credit cards and the current balances
  4. A list of stocks, shares or investments owned
  5. A list of other loans or debts
  6. Copies of income tax returns for the past three years
  7. A list of any assets owned such as cars, boats etc
  8. A list of real estate owned and recent title searches
  9. Recent market appraisals of the real estate
  10. A list of any inheritances received by you or your former partner/ former spouse
  11. Recent pay slips
  12. Business taxation and financial statements for a business, family company or trust if you or your ex-partner/spouse has an interest
  13. Copies of medical insurance and life insurance policies
  14. Copies of superannuation documents
  15. A list of any non-financial contributions you made – renovations to the house or raising the children

Professional Family Lawyers welcoming clients from Brisbane’s northside and surrounds

Whether you live in the northside or southside of Brisbane, our team of family lawyers are available for assistance. We also practice law in the areas of wills, estates, conveyancing and business law.

Get in touch by calling 07 3350 4417 today or email through your enquiry to admin@terryanderssen.com.au.