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.

B2B: lending outlook remains strong

There’s been plenty of discussion across the lending industry recently as lenders, brokers and regulators respond to changing market conditions and lending requirements. While some More

Beachside bar claims national award

A Sunshine Coast cocktail bar has been awarded a significant accolade at the Australian Bar Awards. Mooloolaba's WAT Den won the Regional Bar of the More

B2B: asset rich but cash flow poor

You may own a valuable home, have a healthy superannuation balance and perhaps hold an investment property, yet still wonder whether you can comfortably More

Ashley Robinson: troublesome technology

We had a bit of excitement in the ‘burbs last weekend. I was having a nap when I was woken by a message from my More

B2B: now is the time to start getting all your ducks in a row

To set yourself up for any changes coming your way and setup for success as a business, now is a good time to review More

Retail, childcare expansion reshapes town centre

Development around a hinterland shopping centre is forging ahead, with a childcare centre under construction and new plans for shops, food outlets and a 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 for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share