After a de facto separation, it is important to review your legal and financial affairs, including your Will, superannuation nominations, joint assets, bank accounts and any potential claims for property settlement, child support or spousal maintenance. If agreement cannot be reached regarding property or parenting arrangements, court proceedings may be necessary, although mediation is generally required first. Time limits apply to certain claims, including spousal maintenance applications, which must generally be commenced within two years of separation.
What should you do after separating from a de facto partner?
Our Family Team explains this
Summary
This article outlines key legal and financial matters to consider following a de facto separation, including Wills, superannuation, property division, child support and joint finances. It also explains potential costs, what happens if an agreement cannot be reached, eligibility for spousal maintenance and relevant time limits.
What should you consider after a de facto separation?
After separating from a de facto partner it is important to ensure your affairs are reviewed and updated to reflect the change in your relationship status. Issues to consider include:
- Does your Will need updating?
- Does your superannuation beneficiary nomination need to be changed?
- Are you entitled to spousal maintenance payments from your ex-partner?
- Are you entitled to child support payments from your ex-partner?
- How will you divide up your joint assets?
- Do you have joint bank accounts or agreements that need changing/ending?
Are there costs associated with de facto separations?
Depending on your individual circumstances there may be costs associated with formalising your separation, including:
- The cost of transferring real estate and vehicles (although transfers in family law matters are largely exempt from the usual duties and transfer fees);
- Legal fees for negotiating agreements and drafting relevant documents.
What happens if you cannot reach an agreement?
If you are unable to reach an agreement you will need to file an application in the Family Court for property and/or parenting orders. It is imperative that you seek legal advice from a family law solicitor before filing any documents in court. You should also be aware that it is compulsory, subject to certain exceptions, for parties to participate in mediation before the court will allow proceedings to commence.
Are you eligible for spousal maintenance?
To be eligible for spousal maintenance you need to show:
- You are unable to adequately financially support yourself (i.e. due to caring for children); and
- Your spouse is able to pay for the maintenance.
What is the time limit for applying for spousal maintenance?
Time limits apply – you must file an application for spousal maintenance within two years of separation.