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.

Plans for 96-place childcare centre lodged

A development application has been lodged to build a new childcare centre at Mudjimba, adding to an early education provider's growing network on the More

Cruising in style: two-storey floating venue opens

A new floating venue offering a ‘nautical chic’ experience has begun cruising a popular waterway. The Boat Mooloolaba operates along the Mooloolah River, offering sunset More

Jane Stephens: The stamina for setting goals

The most effective goals in life are big and juicy – and just a touch audacious. They are the kinds of targets that you have More

B2B: How to maximise your business value

Many owners run their business to fund their lifestyle and that of family members, but do not get time to focus on maximising business More

Ashley Robinson: Gift of family is best present

So, Father’s Day is this Sunday, in case you’ve missed all the lead-up advertising from major retailers (which, in fact, means you must live More

B2B: Cash under the mattress to pay for your funeral?

I regularly hear of a client’s plan to stash some cash under the mattress or give money to a family member, prior to their 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share