The short answer – yes! Your former partner could access your super after separation. This is known as a ‘superannuation split’. The purpose of this post is to provide some background and guidance about how a superannuation split works. How is super treated in family law? Before 2002 Before 2002 the law did not allow separated couples to access each…
You’ve been separated from your ex for almost 2 years BUT never got around to formalising your property settlement. You knew your ex was bad with money, however, you never really knew the full extent. Out of the blue, you have received a letter from your ex’s family lawyer proposing a property settlement. And they have proposed that you should…
Would You Like Further Information? For more information read our earlier post on this topic. Please also feel free to contact us or book an appointment online. Disclaimer: The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based on your particular…
Would You Like Further Information? For more information read our earlier post on this topic. Please also feel free to contact us or book an appointment online. Disclaimer The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. You should seek appropriate professional advice based upon your particular…
Takeaway Point If you are starting a relationship (or currently in one) and you have property, then you should seek legal advice about how to keep that property in the event of separation. Property can include: Real Estate Bank Accounts Cash Vehicles Household Furniture and Contents Shares Investments Superannuation Interests in a Business or Trust Inheritances Would You Like…
In many relationships we see, it’s common for one person to hold or control all of the cash assets. This may be intentional, or it may simply be a consequence of the financial arrangements during the relationship. Unfortunately, upon separation, this type of financial arrangement often results in one person being left with no cash. Without cash, that person does…
Takeaway Point There are strict time limits that apply in Family Law and it is important to ensure that you are aware of the deadline that applies to your situation. An expiring time limit is not something that you want to sneak up on you! Would you like further information? For more information read our earlier post, Time Limits –…
For most people, the family home is the most valuable asset they own. When couples separate, the family home is usually the most significant asset that needs to be divided. Should one of you keep the home and pay the other out? Or should you sell it and divide the sale proceeds? At Martens Legal we assist our clients to…
When going through a separation, we always recommend that people try to negotiate and resolve their financial and parenting matters by agreement, rather than litigating the matter in Court (See our post “Why You Should Avoid Going To Court In Family Law”). However, there are times when Court litigation might be your only option. For example, if you and your…
Consent Orders are almost always the best way to legally document a separation agreement. The purpose of this post is to provide you with information about the benefits of Consent Orders and the steps involved in obtaining them. What are Consent Orders? The Family Court encourages people to reach an agreement about family law matters arising from separation, including: – …
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