| Q. |
What does the Court consider
in a property settlement of a marriage? |
| A. |
• Financial contributions to the
marriage
• Non-financial contributions to the marriage
• Future needs of
each party to the marriage and finally, whether the court considers the
distribution to be just and equitable. |
| |
| Q. |
If I reach an agreement with
my estranged spouse regarding property distribution how should I evidence this
agreement? |
| A. |
It is advisable for both parties to
seek independent legal advice. In any event it is very important that the
Agreement be evidenced in either Orders of the Court or a Binding Financial
Agreement so as to protect both parties in the future. It is essential that
legal advice be obtained prior to drawing a Binding Financial
Agreement. |
| |
| Q. |
Am I eligible for Spousal
Maintenance? |
| A. |
A future needs component may include
an award for Spousal Maintenance being paid for a period of time from one spouse
to the other spouse. |
| |
| Q. |
Is Superannuation taken into
account in a property settlement? |
| A. |
Yes. Superannuation is considered
property and is taken into account in property settlement. |
| |
| Q. |
How long do I have to wait
before applying for a divorce? |
| A. |
Before making an application for
dissolution of the marriage (divorce) the parties must show that their
relationship has broken down "irretrievably" by having been separated for 12
months. |
| |
| Q. |
With which parent will a
child live? |
| A. |
When the Court considers an
application relating to a child, the best interest of the child is the paramount
consideration. Hence, where a child will reside, is dependant upon what the
Court considers to be in the best interest of the child. Section 68F of the
Family Law Act 1975 lists how the court determines what is in a child's best
interests. |
| |
| Q. |
What if I am being harassed
or fear for my safety from my estranged spouse? |
| A. |
In Victoria you may have a case to
apply for an intervention order against your estranged spouse in a local
Magistrates' Court if you are in fear of family violence. Family Violence
includes physical violence, threats, abuse, emotional and psychological
intimidation. |
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