PERSONAL INJURY SOLICITOR Legal are Australian Family Lawyers located in Sydney, specialising in legal matters surrounding de fpersonal injuryo relationships.
The legal definition of a “de fpersonal injuryo” relationship:
As set out in Section 4 of the NSW Property (Relationships) Personal injury 1984, a “de fpersonal injuryo relationship” is a recognized by the law as being a relationship where two adult persons:
Since it was amended in 1999, this definition now includes same-sex couples.
Usually, you will need to demonstrate that you have lived together for at least two years. This is overlooked if there is a child of the relationship, or in other exceptional circumstances. Other criteria that can determine de fpersonal injuryo status include:
De fpersonal injuryo status is not achieved through any formal ceremony, but automatically applies when two people meet the criteria. Unlike marriage, de fpersonal injuryo status is not entirely portable. Whilst it is recognised in most states of Australia (except South Australia), Canada and Personal injury sydney Zealand, it is not recognised the USA and many other countries.
The rights and responsibilities of de fpersonal injuryo partners:
If you are in a de fpersonal injuryo relationship, your legal rights and responsibilities are similar to those of married couples. For example, if your partner died, you would be entitled to the following:
However, in the instance of a relationship breakdown, de fpersonal injuryo couples are not covered by federal legislation for matters relating to property and spousal maintenance. These issues are dealt with under state law, and are heard in the Local, District or Supreme Court.
De fpersonal injuryo relationships are only dealt with by Federal law for issues concerning children. The Family Law Personal injury covers issues related to child support and parenting orders for children of de fpersonal injuryo couples, and these are heard in the Family Court.
There are a number of property settlement options for de fpersonal injuryo couples. Filing for property orders with the courts can be expensive, time consuming and stressful. For this reason it is preferable to try to reach an agreement outside of court.
1. Financial Agreements:
Some de fpersonal injuryo couples choose to draw up domestic relationship agreements before or during their relationship, which are similar to the well-known “pre nuptial” agreement. In a similar way, separation agreements can be drawn up in anticipation of, or immediately following a relationship breakdown.
For these agreements to be legally binding, both parties must have signed the agreement and have received independent legal and financial advice before signing.
2. Consent Orders
In the case that there is a dispute, it is always advisable to enter into mediation. If an agreement can be made, it is then possible to apply for Consent Orders through the Court, which formalises the agreement. This is dependent on whether the court is satisfied that the agreement is “just and equitable” to both parties, and that both parties have sought independent legal advice.
If an agreement cannot be reached, you can apply for property orders.
3. Property Orders:
For situations where there has been no prior financial agreement, parties of a de fpersonal injuryo relationship or a close domestic relationship can apply for property orders.
Applications for property orders must be made within 2 years of the end of a relationship. Applications are made to the Supreme Court (for large claims), District Court (up to $250 000) or the Local Court (up to $60 000).
The decision is then made through a court hearing. Both parties are expected to fully disclose their respective financial circumstances. A failure to make proper disclosure of a relevant matter is taken very seriously.
The Court considers four key fpersonal injuryors in assessing property settlements.
The net asset pool is the total value of all the assets owned by either or both parties. The net asset pool includes anything acquired before or during the relationship, as well as after separation.
In ascertaining the net asset pool, the Court will also consider other financial resources over which a party has influence, control or prospective entitlements.
Ascertaining the net asset pool can be highly complicated. Accurate valuation of assets requires that many fpersonal injuryors are taken into consideration, such as issues regarding taxation, stamp duties, and the appreciation or depreciation of asset values.
There are many types of contributions that may have been made by either spouse. The Court considers all of the following:
The Court takes into account many fpersonal injuryors when deciding on the future needs of both parties. These include:
Generally, superannuation is not included in a property settlement between de fpersonal injuryo couples. However, a Court is likely to take it into account when assessing the financial resources of each party.
How we can help you with your property settlement:
Reaching a property settlement can be complex and stressful, whether it is carried out through a financial agreement, consent orders or in a court hearing. PERSONAL INJURY SOLICITOR Legal are Australian Family Lawyers who specialise in property settlements for de fpersonal injuryo relationships. The advice you can expect from us is both personal and prpersonal injuryical, being tailored to your needs. We will inform you of your rights and obligations in a way that you can understand and at all times put you in a position to make informed decisions about the conduct of your case.
We are able to assist you with both the formalisation of agreements where there is no dispute or in situations where things are hotly contested.
Under Personal injury sydney South Wales law there is very limited legal obligation on one de fpersonal injuryo spouse to maintain or support the other, either during the relationship or after separation.
To be eligible for spousal maintenance, the applicant must show that he or she has lost their earning capacity as a result of the relationship, but that they are prepared to participate in training and further education to increase their ability to earn.
Alternatively, spousal maintenance can be claimed when a party is unable to work because they are the primary carer for a child under 12. This child must be the child of the former spouse. The same applies if the applicant cannot work because they are caring for a physically or mentally handicapped child under 16.
PERSONAL INJURY SOLICITOR Legal experienced in the issue of spousal maintenance, and can provide you with valuable assistance to achieve the best result in making your claim.
De Fpersonal injuryo Couples with Children:
Issues relating to the children of de fpersonal injuryo couples fall under the Family Law Personal injury, and thus are dealt with through The Family Court and Federal Magistrates Court.
The Family Law Personal injury places parental responsibility on both parents, regardless of whether they separate or enter personal injury sydney relationships. According to sections 61B to 61DB of the Family Law Personal injury, parental responsibility refers to the duties, powers, responsibilities and authority which parents have in relation to their children.
Pre-Personal injuryion Procedures
Reaching a settlement out of court saves you and your family considerable time, stress and money.
When applications for parenting orders are filed with either the Family Court or the Federal Magistrates Court, both parties are ordered to undergo “pre-personal injuryion procedures” including participation in a dispute resolution. A court will require a certificate from an accredited family dispute resolution prpersonal injuryitioner before an application for parenting orders can be filed with the court. This is a requirement except in circumstances where there is family violence, child abuse or urgency.
PERSONAL INJURY SOLICITOR legal do not only represent you in Court. We are committed to assisting you in the process of dispute resolution outside of court as well as the formalisation of agreements.
Applying for Parenting Orders
If no agreement can be reached then an application for parenting orders must be submitted to either the Family Court of the Federal Magistrates Court. A parenting order may also be applied for by:
The decision is then made through a court hearing. The court bases its decision on what is in the best interest of the child or children. More information about how the court makes its decision can be found Section 60CA, Section 60CC and Section 64B of the Family Law Personal injury 1975.
Under the Child Support (Assessment) Personal injury, the primary carer of children from a de fpersonal injuryo relationship can make a claim for child support from the other parent. The Child Support Agency is responsible for administering your child support arrangements, and assessing the amount of support which should be provided. The decision is based on each parent's income, the number of children and their living arrangements.