Family Lawyers Sunshine Coast

Firstly, it is important to understand that spousal maintenance is not child support. The Family Court can order a party to pay spousal maintenance in addition to any child support a party may be required to pay.

In deciding whether a partner is entitled to spousal maintenance and assessing how much maintenance is to be paid, a court will consider factors relevant to the particular case as set out in sections 75(2) and 90SF(3) of the Act.

A party to a marriage or de facto relationship is liable to maintain the other to the extent that he or she is reasonably able to do so if, and only if, the other partner is unable to support him or herself adequately. The reason for that inability may include having the care of the children of the relationship under the age of eighteen years; or his or her age or physical or mental incapacity for employment; or any other adequate reason.

On a relationship breakdown, superannuation splitting laws in family law property settlements enable couples to split superannuation payments, payable under a superannuation interest one of them holds. Couples who have separated are able to make an agreement – known as a superannuation agreement – about how any superannuation that either party will receive is to be split. A superannuation agreement is like a more general financial agreement in which couples can agree about how property other than superannuation is to be divided on relationship breakdown.

You will also need to consider whether your ex-partner has a Binding Death Nomination and if so, whether that nomination is in your favour.

Superannuation can be a complex area to navigate as you prepare to separate your financial affairs from those of your former partner. Dr John has specialised knowledge in Superannuation Law and he would be delighted to assist you to understand your position according to your circumstances.

If you are feeling overwhelmed by your situation and all of the information you need to know, perhaps it’s time to visit our calm office at the Noosa Marina, Tewantin, Sunshine Coast. You’ll see a friendly face, find a wise ear and experience a steady step-by-step approach to resolving your separation, divorce and your parenting and financial settlements.

At Anumis Legal we are motivated by a positive, practical approach to separation and divorce, to enable you to move forward as fast and smoothly as possible. We appreciate how painful and stressful separation can be, and we will support you by helping you to determine your best options for your unique circumstances.

Family Dispute Resolution (FDR) is a specific form of mediation especially to assist families who are separating to come to their unique arrangements. The main focus of FDR is to help parents to come up with a parenting plan that lays out all of the future parenting arrangements.

FDR is a low cost, practical approach for parents to nut out future parenting arrangements, with professional assistance. An accredited, neutral FDR practitioner is engaged to facilitate the meeting. During FDR, parents are encouraged to focus on the best interests and needs of their children, issues in dispute are discussed and options are considered.

Under Australian family law, separated parents must attempt FDR, before filing parenting orders.  There are some exemptions, which include: urgent issues; circumstances involving family violence or child abuse; if you are responding to a court application; if you are seeking Consent Orders; where a person cannot effectively participate or if a person has breached and demonstrated disregard for a court order made in the previous year.

In some circumstances, if agreement cannot be reached and it is impossible to reach certainty or finality with regard to the property, financial and parenting issues between you and your former partner, then going to court will bring resolution where otherwise you might be disadvantaged or without closure.

While litigation is a good option in some cases, going to court is a costly, lengthy and stressful route to take. The Court will make decisions for you according to caselaw, and legislation giving regard to your circumstances. The Court will concern itself with what is in the best interests of the children, and with the division of your assets. Depending on your circumstances, an Independent Children’s Lawyer may be appointed to ensure that the needs and best interests of your child or children are front and centre in the consideration of your parenting arrangements.

On 1 September 2021, the Federal Circuit Court and the Family Court merged to form the Federal Circuit and Family Court of Australia (FCFCoA). The ‘new’ FCFCoA has not only appointed additional justices and registrars, it has also implemented fresh central principles, aimed at delivering a more cost effective, efficient and faster family law system. There are new forms, procedures and rules to follow, and so now, even more than previously, it is imperative that you get the most up to date legal advice in your family law matter. Call Nadine Love or Dr John on 07 5455 6347 or email [email protected] for your complimentary chat.