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.

B2B: what smart borrowers are doing in 2026

While no one can predict where interest rates will head next, smart borrowers are taking proactive steps to strengthen their financial position. One of the More

B2B: with new financial year, review any waste in expenses

Waste can account for up to 30 per cent of the operating costs of a business. Unfortunately, waste is often simply accepted as the operating More

B2B: retirement is more than just finances

When people think about retirement, they often focus on the numbers. How much super is enough? Will I qualify for the age pension? Can I More

Young chef wins state title to earn place in national final

A 22-year-old Sunshine Coast chef has claimed the Queensland crown in a prestigious culinary competition. Ashton Teed was adjudged the state winner of the Nestle More

Jane Stephens: making sense of the Census

The Census might have an image problem. For many Australians, it is something to be endured, get annoyed at and resist. And it’s for More

Popular venue’s replacement decided

The future of one of the Sunshine Coast’s best-known waterfront venues has been revealed following its sudden closure, with new operators announcing a redevelopment, 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