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multiple locks image

Can I Change the Locks after Separation?

This is a very commonly asked question by both wives and husbands and de-facto partners, after their relationship has broken down.   If there is no court order about who may occupy the property, it initially depends on the legal title of the property.

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IDENTIFYING THE ASSETS AND LIABILITIES IN A PROPERTY SETTLEMENT AND THE WAY IN WHICH LOANS FROM PARENTS MAY BE TREATED BY THE COURT

In a property settlement, the Court will adopt a four-step approach to determine what adjustment of property is appropriate in a particular matter. In the first step, the Court must identify and value the property, assets, financial resources and liabilities. That is, the Court identifies and values all the property of the marriage, less the debts of the marriage. All property, assets and debts are included in this marital asset pool which is available for distribution. It does not matter whose name the asset or debt is in or how the asset or debt was acquired.

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financial disclosure

What Financial Disclosure is required in Family Law Matters?

Each party to a Family Law property and financial matter has a duty to provide full and frank financial disclosure. That is, there is a need to be transparent in terms of your financial circumstances in family law property and financial matters. This ensures that any agreement reached between parties, is made with each party having full knowledge of the other person’s financial circumstances so they can make an informed decision.

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does de facto relationship exist

Does a Defacto Relationship Exist

The number of people living in De Facto Relationships in Australia has risen quite dramatically over recent years. Whereas in nearly all cases it is easy to prove whether two people are legally married, establishing whether two people have or have not been living in a De Facto Relationship (and for how long) can sometimes be more complex and open to dispute. We are seeing an increase in the number of clients who are seeking our legal expertise in this area.

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