Szabo & Associates News & Updates

A legal or de-facto spouse may be able to claim spousal maintenance from their partner after separation. An applicant needs to demonstrate reasonable needs that they cannot afford but the other party can support. The maintenance, which is separate from the property settlement and child support payments, can be paid periodically or as a lump sum depending on the particular circumstances.

Before applying for a divorce, it is a legally necessary requirement that a couple are separated for at least 12 months. However, separation does not necessarily mean that living under the same roof is impossible. Being ‘separated under one roof’, as it is referred to, is possible if certain criteria are met.

Both parents of a child are normally presumed to have equal shared responsibility for their welfare. This includes deciding whether their child should be vaccinated against Covid-19.

When a couple separates, a property settlement agreement decides how their net assets will be formally divided between them. If a winning lottery ticket was bought by one party during a relationship, it would be seen as joint property and dealt with in a property settlement. But what happens with a big lottery win after separation?

After the separation of a married or de-facto couple, a property settlement is an arrangement to divide their net assets between them. If the Family Court is required to determine the parties’ entitlements, it does so in a stepped process, including assessing the contributions, both financial and non-financial, of the parties to the relationship, the future needs of each party and whether the proposed division is ‘just and equitable’.