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.

Auto retail giant opens first new-format store

The managing director of a prominent auto retailer says the Sunshine Coast is the ideal location to launch the first of many specialty stores More

Ashley Robinson: having a smashing time

I am pretty sure I am jinxed in some capacity. Don’t get me wrong, I have had, and hope to continue to have, a More

B2B: lending outlook remains strong

There’s been plenty of discussion across the lending industry recently as lenders, brokers and regulators respond to changing market conditions and lending requirements. While some More

New country music venue expands hospitality offering

A new country and western live music venue is set to open on the Sunshine Coast. Coyote’s Roadhouse, located in Ocean Street, Maroochydore, will be More

B2B: setting pricing strategies

Many businesses price their products and services incorrectly. The problem with that is when they price too high, they miss out on potential sales More

Indian eatery with a difference earns rave reviews

A relatively new and unusual Indian restaurant on the Sunshine Coast has attracted a growing number of repeat customers, exceeding even the owners’ expectations. Tadka 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