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.

Sami Muirhead: brave souls share the love

Having a child with autism brings heartache at times, but also incredible joy. As a mum, I ride all the emotions. I love my child More

First luxury self-serve gelato opens on the Coast

Australia’s first luxury self-serve gelato concept has arrived on the Sunshine Coast, with a new dessert venue opening in Mooloolaba. The concept is already proving More

Ashley Robinson: the deaf leading the deaf

I have openly said, over many years, that if I was going to lose a sense, I know which one it would be. I More

‘True local pub’: tavern reopens after makeover

A hotel in one of the Coast's busiest precincts has reopened after a full renovation. The Sands Tavern, on Plaza Parade opposite the Sunshine Plaza More

‘Warning sign’: Coast venue closures spark new campaign

Alarm is growing for the Sunshine Coast’s live music and hospitality scene as high-profile venue closures prompt the launch of a new Save Our More

Australia’s largest Jetts gym up and running

The country's biggest Jetts Fitness gym is now established on the Sunshine Coast. Jetts has about 130 venues across Australia but none are larger than 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