Category Archives: Family Law

Why is premarital property also divided during divorce?

When property is divided in Australia, the court considers both spouses’ contributions during the marriage and their future needs, including how to handle premarital property. In Australia, property acquired before or during marriage as jointly owned by the spouses. So, even if one spouse owned property before marriage, if it was used for the couple’s […]

Signing a Binding Financial Agreement? You must hire a lawyer!

In Australia, Binding Financial Agreements (BFAs) differ from other standard contracts. Normally, if the parties are capable, they can privately draft a standard contract on their own. However, a BFA must be handled by a lawyer who, at the time the parties sign the agreement, issues a certificate confirming that the lawyer has fully explained […]

Not an Australian citizen? Follow this requirement to apply for divorce in Australia!

The divorce requirements in Australia are not as strict as in many other countries. To apply for divorce, one party must have resided in Australia for at least 12 months before filing the application.  Therefore, whether you were married in Australia or overseas, as long as you or your spouse have resided in Australia for […]

Missing This Detail? Your Binding Financial Agreement Could Be Invalid!

A binding financial agreement (BFA) is a legal document that can help to avoid disputes in the event of a marriage breakdown. However, taking the property disclosure process seriously is important when signing a BFA. Whether both parties have accurately disclosed all of their local and overseas assets is essential for the agreement’s validity. Even […]

Not Hiring a Lawyer for Divorce Could Cost You a Fair Settlement. Learn Why.

Divorce is an important decision in life, involving family, property, children, and other aspects. If you lack understanding of the relevant laws, you may unknowingly make decisions that are disadvantageous or even illegal to yourself, ultimately leading to serious financial losses or other adverse consequences. Therefore, it is wise to hire a professional divorce lawyer […]

Divorce Asset Split: 3 Quick Steps to Secure Your Future

Property settlement is the process of dividing personal and shared property between two partners who have decided to separate. If both parties can reach an agreement, it can save a lot of time and legal fees. The normal property settlement process involves three steps. Step 1: Consult a lawyer Before you start negotiating with the […]

Splitting Assets? 3 Key Things Judges Consider!

Divorce property division is an important step in the divorce process that affects the interests of both parties. In Australia, the court considers the following three factors when hearing divorce property division cases: Contributions to the marriage The court will consider the contributions that each spouse made to the marriage, both financially and otherwise. For […]

One way to protect your assets without signing a prenuptial agreement!

Premarital property is property owned by one party before the marriage is established. If premarital property changes after marriage, such as being used for family life, the other party may request to divide the premarital property. How to avoid the division of premarital property in divorce, in addition to signing a prenuptial agreement or a […]

Is a prenuptial agreement still valid in a divorce?

Prenuptial agreements are agreements made by both parties before marriage to protect their own rights and interests after marriage. The content usually mentions arrangements for married life, assets, and even property distribution in the event of divorce. Although prenuptial agreements can provide some protection for both parties, they cannot completely eliminate disputes in the event […]

Can You Transfer Your Liability for a Debt After Divorce?

Divorce property settlement agreements are agreements signed by both parties to a divorce to divide property and debts. These agreements are legally binding, so it is important to carefully consider the terms and ensure that they are in your best interests before signing. However, what happens if a spouse who owes debt tries to avoid […]