We also have a number of Family Relationship Centres, which provide services to assist with parenting, financial and property matters for people who are separating or separated.Welcome to our ultimate legal advice guide to divorce in Scotland:. You can call Relationships Australia NSW on 1300 364 277 for more information about our Family Dispute Resolution services. This is an area where it’s best to obtain legal advice, as the laws around Wills can be slightly different in each state of Australia as well.įor more support on property settlement negotiations after divorceįor a detailed guide and worksheets to help you work through your property settlemen t during divorce or separation, download our fre e ‘A Fair Share’ eBook. Therefore any will that is valid at the time of separation will continue to be valid after that date, and so any property you have left to your former partner may pass to them if you died. Separation however, does not automatically revoke a will, whether you are married or in a de facto relationship. Many people don’t realise that if you’re married, a divorce can automatically render your existing will invalid. Legal and financial advice, as well as support services like counselling and mediation, are available along the way. If an agreement can’t be reached, lawyers will need to be involved.įrustrating and overwhelming as these negotiations may be, remember that you’re not alone in this process. This will see you identify the things included in your property pool, discuss their division, and reach a formal agreement.Īt this stage, if required, it’s wise to get advice from lawyers or financial planners, and to keep track of all your property until a final settlement is agreed upon. Ideally, it will also lessen the emotional toll placed on you, your children and your extended family, and give you a sense of closure.Ī property agreement can be negotiated with your partner using Family Dispute Resolution (FDR) – a process that helps guide discussions and settle disputes. Negotiating this agreement together may help minimise the cost of lawyers, take up less time, and make you feel like you’re part of the decision making process. One of the best ways to finalise a settlement concerning the cash, assets and liabilities gained during a relationship, is by negotiating a mutually acceptable property agreement – a document that sets out how you and your former partner will divide up your property. If you’re the one leaving the home, consider taking photos of furniture and making copies of important documents, as future property access may be limited. If making a decision is proving problematic, it’s best to seek Family Dispute Resolution (FDR) or even legal advice from Legal Aid NSW or LawAccess NSW. That said, many couples finalise property agreements while still living together. If one party earns more than the other for example, they may be better financially positioned to pay for a temporary rental property. They should stay in the home to minimise disruption to the children. Who your children’s primary caregiver will be.There are no set rules when it comes to making this decision, but it should be guided by: One vital step you need to take before working on a property agreement is sorting out new living arrangements, as someone will most likely need to move out of the family home. You’ll still need to be separated for at least 12 months before filing for a divorce. If you were married and intend to divorce, you can begin negotiations about property as soon the relationship has broken down. Sometimes you’ll also have to discuss property held in your name before you got together, or acquired after your separation. Then there are the things you both owe money on, or ‘liabilities, such as mortgages and credit cards. These could be a business, superannuation or property held in a family trust. You’ll also have to consider the assets you control, as well as the ones your former partner does. They can include the family home, cars, boats, household effects such as furniture, technology and crockery, and personal items such as jewellery. These can be held by you and your former partner in joint or separate names. Essentially, these are the things you own, or ‘assets’. While we mightn’t think too much about ownership when we’re together, working out who gets what when a marriage or de facto relationship ends can be a challenging and sometimes heartbreaking process – but an essential one.įirstly, it’s good to know what ‘property of the relationship’ actually means. Over the course of a relationship, couples acquire liabilities and assets, from real estate and furniture, to cars and clothes. Below are a few things to consider before taking the next steps. When dividing up property during a divorce or separation, there’s a lot to think about.
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