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.