Stamp Duty is a fee charged when you purchase a property or otherwise acquire an interest in property. But where property is transferred because of a divorce or relationship breakdown, it is possible to avoid paying Transfer Duty.
Relocating the Children Post-Separation
Post-separation, it is common to want to move away and start over. However, relocating can attract legal consequences if there are children of your relationship and the Court may intervene to prevent one parent from moving with the children.
Spousal Maintenance
Spousal maintenance is financial support paid by a person’s former spouse or de facto partner where the recipient cannot adequately support themselves.
Effect of Family Violence on a Property Settlement: The Kennon Adjustment
Generally, the conduct of the parties or the cause of the relationship breakdown is not a relevant factor to the determination of the appropriate division of the property pool. However, in cases involving serious family violence the Court may allocate an abused party a greater percentage of the property pool. This is known as a Kennon Adjustment.
Annulment of Marriage: The Difference Between Divorce & Annulment
Both annulment and divorce bring a marriage to an end and allow both parties to legally remarry. However, an annulment and a divorce are not the same. A divorce recognises the legal end of a marriage, whilst an annulment decrees that the marriage never legally existed.
Overseas Travel with Children Post-Separation
Travelling overseas with your children post-separation can be an topic of dispute between parents. A parent may have a genuine concern about parental abduction, or they may fear for the safety of the children while travelling with the other parent. So what are each parent’s rights to travel overseas with their children, and can you prevent your ex-partner from travelling overseas with the children?
Prenuptial Agreements
A prenuptial agreement provides for certainity in the event of a relationship breakdown and allows separating parties to avoid the stress and expense of litigation by removing the need for the parties to go to court.
The Separation Checklist
Separation is not only stressful and emotionally draining, but also brings up a range of legal issues. The Separation Checklist provides a basic guide of the inital steps you should take immediately following separation.