How long do I need to wait to file for a Divorce?

Under the Family Law Act you must be seperated from your partner for at least 12 months. If you reconcile with your partner for over 3 months in this 12 month period, the time period starts over again.

Are there time limits to apply for a property settlement with the Family Court?

Yes, the Family Law Act states that you need to apply for property settlement within 12 months from the date of divorce. If you wait longer then this time limit you must apply for leave to the court to extend the time period.

How do I know what property and assets I am entitled to?

You should seek proper legal advice to determine what you are entitled to. The Family Court takes into account a number of considerations in determining what each party is entitled to from the 'matriomonial pool of assets'. Relevant considerations include

1. The assets held by each party together with the value at the commencement of the relationship;

2. Any gifts, inheritances, windfalls and lump sum payments during the period of marriage or since separation;

3. Financial contributions made by each of the parties;

4. Non-financial contributions made by the parties to the acquisition, conservation and improvement of the assets including contributions made by or on behalf of a party to the marriage;

5. The contributions made by a party to the marriage to the welfare of the family including in the capacity of homemaker or parent.

I never married with my partner, instead we lived together in a de facto relationship. The relationship has now ended, what happens now with the assets and property?

Similarily to if you were married, the court can determine how much you are entitled to. The Court will consider the financial and non-financial contributions made by each party and divide the property in a manner that is just and equitable.

Non-financial contributions such as domestic chores and contributions to the welfare of the family are recognised by the court when considering a division of the property. It appears from the case law however that a greater adjustment will be made in favor of a party who has made non-financial contributions within the context of a marriage.

When distributing the assets of a married couple the court will not only consider past contributions but also future needs.

Although there are cases where the courts have made provision for the future needs of a party to a de facto relationship, it is overwhelmingly the case that the court will not consider the future needs of a party to a de facto relationship.

If you have a question you need to ask a family lawyer, contact Benjamin and Robinson Solicitors on (02) 9547 1733 and speak with one of our expert family divorce lawyers.