What happens if you or your ex-partner goes bankrupt before, during or after your separation?
Much of the separation process in Australia is dedicated to each of the separating people disclosing their property. That property is then distributed in a just and equitable way that is fair to both (having regard to all the circumstances).
Bankruptcy, however, is a process that’s designed to do much the same thing but is focused on the individual who is bankrupt and has a broader audience for the
Deciding whether to apply for spousal maintenance (or spousal support, as some people call it) is a reasonably regular decision to make as part of the separation process.
There are, however, a few situations where the Court will not likely give you orders for spousal maintenance.
In this article, we’ll talk about three situations when spousal support might be denied. However, we should stress that these are examples and not always decisive – you should get advice for your circumstances before
To some, the idea of spousal maintenance is that the wealthy former partner supports the other financially for the rest of their life – essentially a slightly odd type of pension plan.
However, that is not typically how it works.
Spousal maintenance generally has a limited lifespan and can come to an end in a number of different ways.
So if you are considering applying for a spousal maintenance order, let’s look at how long spousal maintenance can last.
In an agreement for
In the minds of many, spousal maintenance in Australia is about providing one separating spouse with sufficient resources to take care of their essential needs.
That is – once your essential requirements are taken care of, the Court won’t do anything to order your ex to provide spousal maintenance.
But is that really the case?
Let’s explore.
As we set out in our longer article on spousal maintenance here, the Court considers several factors in determining whether
Welcome to our comprehensive guide on Spousal Maintenance in Australia. We’re going to run through everything you need to know about Spousal Maintenance and how it works, from the eligibility criteria to the application process, to some of the questions that might come up after a Spousal Maintenance order is made.
To try and keep things a little bit organised, we’ve broken up our guide to Spousal Maintenance in Australia like this:
With interest rates on the rise, and speculation about a possible recession, it’s essential to consider how changing financial circumstances might impact your separation.
If your separation goes to a Court hearing, the Court is going to consider you and your ex’s assets and liabilities at the time of the hearing.
As a result, changes that have happened since you separated might not necessarily be factored into the final outcome.
That said, the Court has the latitude to
Sometimes, if you are going through the separation process or a divorce the legalities could be the last thing on your mind.
And, because of the complexities of finalising some relationships, you might find that significant time passes before you turn your attention to what might be necessary to formally deal with property orders or spousal maintenance issues.
However, to avoid potential issues preventing you from applying to Court it is important to know that there are some time restraints
Separation under one roof is a concept that allows parties to finalise a divorce even though they have completed some of the necessary separation period while still living in the same place. This article will discuss how separation under one roof works and why it’s an important concept to have in place for divorcing parties.
To finalise a divorce in Australia, parties need to show to the Court that they have been separated
Sometimes during a marriage or while parties are going through the separation process, one becomes entitled to, or receives, an inheritance.
Perhaps a parent or grandparent passed away, and as part of the estate process, it becomes clear that you will likely receive a payment.
So what’s likely to happen when it comes to inheritance in separation?
Generally speaking, you should expect that an inheritance received any time before final orders are made (whether by consent or
While it’s true that most family law matters resolve at some point before a trial, there is still a chance that during the separation process you will have to attend Court (whether remotely or in-person).
Attending Court, especially to give evidence, can be a nerve-wracking experience.
The processes, formalities, environment and conduct of a Court hearing can be a bit foreign to many people. This leads to increased stress and sometimes to avoidable mistakes being made.
So, if you have to
As we’ve mentioned before, spouses’ superannuation funds are considered part of the property pool during separation.
This means that your superannuation is considered an asset that is available to be divided in some proportion between you and your ex as part of the separation process.
But how does this work? Isn’t superannuation protected until retirement age? How does the Court decide what to do with superannuation if the parties can’t agree?
Mediation is an inherent part of most family separation proceedings.
But what is mediation when it comes to family law, and how does it work?
Mediation is a process where parties to a dispute try to reach an agreement.
It is facilitated by a mediator.
It is not a place where someone declares one party to be right or wrong, nor where someone will feel entirely satisfied with the outcome as if they have “won”.
Instead, it is where everyone is encouraged to find a middle