100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Separated? Now what happens with property assets? Liz Catton reveals the answer

Do you have a news tip? Click here to send to our news team.

Ashley Robinson: beware, outraged hypocrites ahead

Last week, I wrote about people booing racehorses, which I found quite bizarre – only to run across another weird thing this week. There has More

Long-running beachside business to close

A popular beachside venue is preparing to farewell its customers after more than two decades of trade. Sunny’s at Moffat, at 1/10 Seaview Terrace, Moffat More

Brewery seeks change to council conditions

A Sunshine Coast brewery is seeking to amend its existing council approval to allow more live entertainment. Blackflag Brewing has lodged a minor change application More

Spit-roast specialist to open first Queensland eatery

A Canberra-based food business renowned for its slow-cooked roasts and wood-fired spits is making its first interstate move. Spit Shack, which is inspired by a More

Sami Muirhead: elixir for the soul

I have a new love language. It is bird song and it is making my heart sing. I have been given a gift from a More

B2B: family business succession planning

Here are a few quick tips to consider when starting succession planning: commence planning early in the life of the business; and always keep More

Is divorce different to matrimonial property division?

Yes, they are different, and this is important because different time limits apply.
Separate Court applications need to be filed for divorce and property adjustment.

Before spouses can apply for divorce, they must have been separated for 12 months.

Separated spouses do not have to wait 12 months to apply for Court orders which have the effect of finally resolving the division of assets such as properties, savings, shares and superannuation in a binding manner.

Once negotiated, Court orders by consent can be applied for immediately.

The risks of waiting for an extended period before addressing property division after separation can include:

• Increased difficulty in identifying the assets and liabilities of the marriage.

• Increased risk of assets being removed, spent or adjusted so it is more complex and expensive to adjust.

• Impact upon assets, in particular businesses.

• Missed investment opportunities as immediately post-separation steps should be taken to protect all joint assets such that a joint agreement is required to deal with those assets.

• Delays in moving forward financially.

Liz Catton is a Director and family law specialist at Catton & Tondelstrand Lawyers and has been recommended as a Leading Family and Divorce Lawyer for the Sunshine Coast on the Doyle’s list in 2018, 2019 and 2020 and 2021.

 

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share