After Separation, How Quickly Should You Act?

After the breakup of a relationship, one of the first things your family lawyer in Nowra must determine is whether or not a legal Separation has occurred.  The law is fairly straightforward.  Separation exists when one partner has communicated to the other – either in action or word – that the relationship has ended, and both partners have acted accordingly.  Alternately, it exists in a situation where both parties have agreed and consented that the relationship has ended.  In recognition of familial, economic and geographic factors, it is not even necessary to be living separately – parties can be separated "under the same roof.”

After the separation, time limitations come into play.  To proceed, the marriage must have irretrievably broken down in the eyes of one or both parties.  And a couple must be separated for at least a year before an application for divorce can be brought.

There are time limits to starting the process of property settlement.  In the case of a married couple, property settlement proceedings can begin at any time before a divorce or – if after the divorce – ideally within a year of that event.  De facto couples – people who are in a proven relationship but are not married – should ideally begin property settlement court proceedings within two years of separating.  Note: there is an avenue in both married and de facto cases to bring an application to court to start proceedings after those time limits, but it is advisable to work within them as the court can refuse the application.

Where to Find a Lawyer – and What Kind?

There are many family law lawyers in Nowra, Goulburn, Queanbeyan, Yass, Wollongong, Woonona, Corrimal, Figtree, Unanderra, Dapto and Warilla.  The question is – how do you find the right one for your needs?  Experience in family law is obviously the first criteria.

Flexibility may be a key factor in your decision.  Can the lawyer you hire work around your schedules – and be prepared to meet both during and after your work hours?  Can the lawyer meet with you in your place of business or home?  (Sometimes this can be accomplished also by the innovative use of technology – teleconferencing – or through the use of meeting rooms in your particular community.)  A good family lawyer will do everything to alleviate your stress.

At your initial meeting of any property settlement action, our lawyer will need to know the details of your financial status.  And you, in turn, can expect to be told the cost of the action.  Depending on the complexity of your case, your lawyers will assess if they can offer a flat fee rather than an hourly rate.  In most circumstances, both options are available.

The Four Ways Property Division is Settled

There are four ways that bank accounts, property and assets can be divided.  An informal agreement between both parties is possible, though it provides relatively little legal protection.  A Binding Financial Agreement is a private agreement that must meet the requirements of the Family Law Act 1975.  An Application for Consent Orders requires the agreement of both parties and must be fair and equitable.  And, finally, there is settlement in the Family Court.

Your family law lawyers in Nowra will encourage you to come to an agreement before that final option and, in fact, most property settlements are completed without court action.

Superannuation Laws in New South Wales

Superannuation is considered property and can be divided between separating partners. It differs from other assets however as it is held in trust. Superannuation is a retirement fund like a managed fund where money is pooled with others and invested on behalf of the account holders. Couples who reside in New South Wales communities like Nowra are subject to superannuation splitting laws. Whether you are married or in a de facto relationship, spouses can decide on how the super fund will be split after separation by creating a binding financial agreement during the marriage or in a pre-nuptial agreement before marriage. A superannuation contract is like a general financial agreement, but because it differs from other property types there are specific rules and regulations that apply to this type of contract.

Therefore, it is imperative to have the legal advice of an experienced family lawyer who can explain the complexities of superannuation laws and how the agreement will affect you. There are experienced legal teams available in communities like Lowra accessible to those seeking separation. Family lawyers will ask questions about living arrangements, child custody and financials and provide up-front costs so you can assess how to best proceed. Family lawyers will suggest amicable agreements with your ex as to avoid lengthy and costly court proceedings.