Welcome to Family Law Cairns

Important issues in Family Law for the Cairns Community. Articles contributed by: Stephen Roberts, Principal Solicitor, Roberts Lawyers, Cairns.

If you wish to follow up any articles or seek legal advice the contact details for Roberts Lawyers are as follows:

Phone ; (07) 4052 7514

Email; info@robertslawyers.com.au .

Website;http://www.robertslawyers.com.au/RobertsLawyers731/Page/8887/FamilyLaw.aspx



Thursday, February 18, 2010

Property Settlements in De Facto Relationships

If you have recently separated from your De Facto partner then you may be interested to learn a few hints about property matters.

Until as recently as last year De Facto relationships were treated differently to marriages as far as property is concerned. That changed with amending laws which came into force on 1st March 2009. The changes had the effect in general terms of putting De facto relationships on the same footing as married property settlements.

The new law has certain advantages for De facto couples as follows:

1 There is greater certainty as to what factors apply in working out what each party may be entitled to.

2 The issues of children and property can be dealt with in one court rather than two separate courts.

3 Superannuation can brought into the equation.

4 The Family Court is well set up to deal with and handle family matters in terms of personnel and facilities.

It should be mentioned that the new law only applies to relationships that broke down from 1st March 2009.

For a relationship to qualify as a De Facto relationship within the definition of the legislation certain criteria need to be fullfilled. If you are considering making a claim for a De Facto property settlement your Solicitor will be able to assess whether the relationship qualifies.

There are also certain important time limits which need to be complied with. Therefore if you consider that you may be entitled to a property division then seeking advice at an early stage is important.

No comments:

Post a Comment