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.

Businesses face winter ‘survival’ amid seawall project

Business owners in a popular beachside precinct have reported they are facing a critical winter period as ongoing seawall construction continues to disrupt trade. For More

Family fruit shop voted Australia’s best again

A long-running Sunshine Coast family business has been crowned Australia’s favourite fruit and vegetable store for the second straight year after attracting thousands of More

Buy Local Day aims to boost region’s jobs and economy

Sunshine Coast residents are being urged to support local businesses by shopping, dining and spending close to home. The Sunshine Coast Council's Buy Local Day More

Sami Muirhead: keeping my head above water

Vale, Stitch the Fish. Our Siamese fighting fish has no fight left in him. I say ‘ours’ but, really, he was mine. I was the More

Ashley Robinson: the accidental gardener

I am getting a much clearer picture, looking into the window of possible retirement, with a carrot being dangled frequently by Old Mate about More

New burger spot headed to Coast

An Australian restaurant chain known for its bold burgers and celebrity following is set to open on the Sunshine Coast as part of a 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