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.

‘Cerealsly’ good: how cafe is stirring up dining scene

A new waterfront cafe complete with an all-day cereal bay and a place to enjoy ‘elevenses’ is filling a gap in Caloundra’s bustling dining More

B2B column: have you considered EOFY tax planning?

Now is the time to book in your pre-year-end tax planning. There is still time left to minimise your tax obligations. Here are some items More

Closing down: another suburb set to lose major bank

A major bank is set to pull out of another Sunshine Coast suburb, making it the bank's fourth branch to close across the region More

B2B column: navigating the impact of AI on family law

As technology advances, family law faces the transformative impact of artificial intelligence (AI). AI’s impact on family lawyers is profound, particularly in document analysis and More

Sami Muirhead: fishing for secrets to a long life

"The world’s oldest man shares his three tips for living a long, happy life." I was recently scrolling through my daily news feed when I More

Jane Stephens: we need to enforce e-scooter laws

Hoosh. She flew past me from behind as if on a hovercraft, skimming my elbow as I ran along the path in the early morning 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.

 

[scn_go_back_button] Return Home

Subscribe to SCN’s daily news email

This field is for validation purposes and should be left unchanged.