Do I Need a Will? The Importance of Having a Will and the Reasons why you Need a Will

A Will is a legal document that outlines how a person’s assets will be distributed upon their death. While it may seem like a morbid topic, it is an important one to consider. Almost everyone owns some kind of property or asset, and as a result, it is important to ensure that your assets are distributed in accordance with your wishes after you pass away.

Disputes over assets, even those with little financial value, are common. These disputes can be costly and may lead to a breakdown in inter-family relationships. Having a Will in place can help prevent disputes over assets by providing clear instructions on how they should be distributed. This article will explore why you need a Will, and when you should consider creating one.

The Reasons why You Need a Will

The most important reason to have a Will is to ensure that your assets are distributed according to your wishes after your death. If you die without a Will, your estate will be distributed according to intestacy laws, which may not be in line with your wishes. This can cause unnecessary stress and hardship for your loved ones, as well as potential legal disputes.

A Will can also be used to appoint guardians for your children, specify funeral arrangements, and make charitable donations. Without a Will, these decisions may be left to the courts or your family members, who may not be aware of your wishes.

Additionally, having a Will in place can prevent potential conflicts and disputes among family members after your death. When there is no Will, family members may have differing opinions on how the assets should be distributed, leading to disagreements and even legal battles.

Another important reason to have a Will is to name a guardian for any minor children. If you have young children, it is essential to consider who would take care of them in the event of your death. Without a Will, the court will decide who will take custody of your children, which may not be in line with your wishes.

Creating a Will can also provide peace of mind and ensure that your wishes are carried out after your death. It is an opportunity to leave instructions for the distribution of your assets, as well as any specific wishes you may have regarding funeral arrangements, charitable donations, or the care of pets.

If you have specific assets that you would like to leave to particular individuals, a Will can ensure that these wishes are carried out. For example, if you have a treasured piece of artwork that you would like to pass down to your child or grandchild, a Will can ensure that this asset is distributed to the appropriate individual.

Furthermore, creating a Will can also help minimise the tax burden on your estate. With careful planning and the guidance of a legal professional, you may be able to reduce the amount of tax that your estate will have to pay.

When it comes to creating a Will, it is essential to seek the guidance of Seitz & Pepper experienced Wills, Trusts and Estates Lawyers. Our experienced lawyers will help ensure that your Will is legally binding and that it accurately reflects your wishes. They can also provide advice on the best ways to minimise the tax burden on your estate and ensure that your assets are distributed in a way that is in line with your wishes.

Other Estate Planning Tools to Consider

In addition to creating a Will, there are other estate planning tools that you may wish to consider. These include setting up a trust, creating a power of attorney, and establishing an advance healthcare directive.

A trust is a legal entity that can hold and manage assets on behalf of beneficiaries. By establishing a trust, you can help ensure that your assets are managed and distributed according to your wishes. This can be particularly useful if you have young children or beneficiaries who may not be able to manage their inheritance responsibly.

A power of attorney is a legal document that allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. This can be useful in the event of an illness or injury that leaves you unable to manage your own affairs.

An advance healthcare directive, also known as a living Will, is a legal document that outlines your wishes for medical treatment if you become unable to make decisions for yourself. This can include instructions on whether you wish to receive life-sustaining treatment and other medical interventions.

When You Should Create a Will

While most 18-year-olds may not have significant assets or dependents, there are still important reasons to consider creating a Will. For example, if you are in a long-term relationship or have children, a Will can ensure that your assets go to your partner or children, rather than being distributed according to intestacy laws.

Additionally, if you have received a substantial inheritance, it is important to create a Will to ensure that those assets are distributed according to your wishes. In some cases, an inheritance can significantly increase a person’s assets, making a Will essential for effective estate planning.

A Will should also be considered after major life events, such as marriage, remarriage, divorce, or the death of a beneficiary or executor named in a previous Will. These events can significantly impact your estate planning needs, and a new Will may be necessary to reflect these changes.

Finally, it is important to remember that life is unpredictable, and unexpected events can occur at any age. Creating a Will early in life can provide peace of mind, knowing that your wishes will be respected, and your loved ones will be taken care of in the event of your untimely death.

The Process of Creating a Will

Creating a Will involves several steps. The first step in creating a Will is to identify your assets. This includes any property, savings, investments, or other assets that you own.

Next, you will need to choose the beneficiaries who will receive your assets after your death. This may include family members, friends, charities, or other organisations.

You will also need to name an executor who will be responsible for carrying out your wishes after your death. This person will be responsible for distributing your assets, paying any debts or taxes owed, and carrying out any other instructions specified in your Will.

Once you have identified your assets, chosen your beneficiaries, and named an executor, you can begin drafting your Will. This can be achieved with the experienced help of Seitz & Pepper Wills, Trusts and Estates Lawyers.

After your Will has been drafted, you will need to sign it in the presence of witnesses. The number of witnesses required may vary depending on your jurisdiction.

Finally, it is important to store your Will in a safe and secure location. This may include a safe deposit box, a home safe, or with a trusted family member or legal professional.

If you need to make changes to your Will, such as adding or removing beneficiaries or changing your executor, you can do so by creating a new Will or by making a codicil to your existing Will.

The Process of Estate Planning

Creating a Will is just one part of effective estate planning. Estate planning is the process of organising your assets and ensuring that they are distributed according to your wishes after your death. This can involve creating a Will, appointing guardians for your children, setting up trusts, and more.

Effective estate planning can provide a number of benefits, including minimising estate taxes, avoiding probate, and ensuring that your loved ones are taken care of after your death. It can also help to prevent legal disputes and ensure that your wishes are respected.

Estate planning can be a complex process, and it is important to seek the advice of an experienced attorney to ensure that your plan is effective and legally sound. Our experienced Wills, Trusts and Estates Lawyers can help you understand the different options available to you and guide you through the process of creating a comprehensive estate plan.

The Consequences of Dying Without a Will

If you die without a Will, your assets will be distributed according to intestacy laws, which vary by state. In most cases, your assets will be distributed to your spouse or children, or to your parents if you do not have a spouse or children.

However, there are some cases where intestacy laws may not distribute your assets as you would like. For example, if you have a blended family with children from previous marriages, intestacy laws may not provide for all of your children equally. Additionally, if you are in a long-term relationship but are not married, your partner may not be entitled to any of the assets.

Once the Grant of Probate or Letters of Administration has been issued, the executor or administrator can begin the process of distributing the assets of the estate according to the terms of the Will or intestacy laws. This can be a complex and time-consuming process, depending on the size and complexity of the estate.

It’s important to note that the process of administering an estate doesn’t just involve distributing assets to beneficiaries. The executor or administrator may also need to pay off any debts and taxes owed by the deceased, and may need to sell assets to cover these costs. They may also need to deal with any disputes or legal challenges to the Will or the distribution of the estate.

For these reasons, it’s highly recommended that you seek the advice of our qualified and experienced estate planning lawyers when creating a Will or administering an estate. They can provide you with guidance and support throughout the process and help you avoid common mistakes and pitfalls.

Letters of Administration

If you die without a Will or your Will is not valid, then an application for a Grant of Letters of Administration will need to be made to the Supreme Court of Victoria. Usually, it is the deceased’s next of kin who has to apply for this grant, such as the spouse, domestic partner or a child of the deceased.

If the person died and left behind a partner, then all of the estate goes to them. If there were also children from another relationship then some of the estate may also go to those children, but this depends on how much money was left in the estate. This won’t happen unless there was about $500,000 in the estate after all debts and funeral expenses have been paid. Different rules apply if the person left behind more than one partner.

If there were children but no partner, the estate is distributed to the children equally.

If the person had no partner or children, then all the estate goes to relatives in the following order: (1) Parents; (2) Siblings; (3) Grandparents; (4) Aunts and uncles; and (5) Cousins.

A domestic or de facto partner (including same sex partners) may be considered your next of kin when applying for Letters of Administration. For the purposes of Estate Law, you need to have lived in a domestic or de facto relationship for two years, or have a child together, or have formally registered your relationship before your partner can benefit from your estate if you die without a Will.

Grant of Probate

A Grant of Probate or a Grant of Representation allows the executor/s to your Will to effectively stand in your shoes and administer and distribute your estate pursuant to your wishes.

Executors are often charged with planning funerals and cremating/ burying the deceased according to their wishes.

The Grant of Probate / Representation gives the executor or administrator the authority to deal with assets, such as bank accounts, shares and property. It means the assets can be transferred to the name of the executor or administrator so that they can deal with them, transfer or sell them. Without the Grant of Representation, the executor or administrator cannot distribute the assets to beneficiaries.

How to apply for the Grant of Probate or Letters of Administration

An executor can apply for Probate and a next of kin can apply for Letters of Administration, or they can ask a family solicitor to do it for them.

The Supreme Court of Victoria provides a series of steps that must be complied with, including advertising online that you are intending to apply. When you submit your application for Probate / Letters of Administration to the Supreme Court, you need to include the deceased person’s Will (Probate only), death certificate and a confirmation of the estate’s assets. You also need to include an affidavit completed by the executor. The purpose of the affidavit is to prove to the Court that the executor will administer the Estate well and in line with the law.

The Importance of Having a Will

There are many reasons why having a valid Will is important. First and foremost, it ensures that your assets are distributed in accordance with your wishes. You can make specific gifts and legacies by nominating individuals who will receive your assets when you die. For example, you can nominate particular beneficiaries who you would like to receive specific items of property, or sums of money. Without a Will, your assets will be distributed according to the laws of intestacy, which may not align with your wishes.

In addition to providing instructions on how your assets should be distributed, a Will can also include your burial or cremation instructions. This can provide peace of mind to your loved ones, who may be unsure of your wishes.

A Will also enables you to appoint an executor, or person who will be responsible for administering your estate after you pass away. This can be particularly important if you have a complex estate or if you want to ensure that your assets are distributed in a particular way. Without a Will, the court will appoint an administrator to distribute your assets.

Another benefit of having a Will is that it can minimise the risk of a family provision claim being made by a person for whom adequate provision is not made under the laws of intestacy. For example, in New South Wales, if a person dies without a Will leaving a de facto spouse but no children, the de facto spouse is entitled to all of the estate. The deceased’s parents may make a family provision claim as otherwise, they will receive nothing from the estate.

In addition to providing instructions on how your assets should be distributed, a Will can also minimise the risk of family breakdown. Without clear instructions on how assets should be distributed, disputes may arise between family members, leading to a breakdown in relationships. A Will can provide clear instructions, helping to prevent disputes and maintain family harmony.

Finally, a Will can be used to appoint a guardian of any minor children (i.e., children under the age of 18 years) in the event of your death. This can be an important consideration for parents who want to ensure that their children are cared for by someone they trust.

Conclusion

In conclusion, if you have assets of any kind, it is important to have a valid Will in place. A Will ensures that your assets are distributed in accordance with your wishes, provides clear instructions on how your assets should be distributed, and minimises the risk of family disputes. A Will can also provide peace of mind to your loved ones, who may be unsure of your wishes. If you do not currently have a Will, it is important to seek the advice of Seitz & Pepper experienced Wills, Trusts and Estates lawyers, to help you prepare one.

While it may not be at the forefront of your mind when you are young and healthy, creating a Will is an important step in planning for the future. By taking the time to consider your wishes and working with our Wills, Trusts and Estates team, you can ensure that your assets are distributed in a way that reflects your wishes and minimises the burden on your loved ones. It can also help prevent to potential conflicts or disputes among family members after your death.

Divorce is an unfortunate reality for many couples, and navigating the legal process of divorce can be challenging. In Australia, divorce is a no-fault jurisdiction, meaning that neither party has to prove that the other has wronged them. However, certain requirements must be met, and when searching for the best “Divorce Lawyers near me”, it is essential to seek the Family Law advice of a Divorce Lawyer or Separation Lawyer that understands the process and your rights.

In this article, Seitz & Pepper Divorce Lawyers Melbourne will explore the legal requirements for divorce applications in Australia, including how the Court handles applications, what happens during service of documents, and whether you need to attend Court. Seitz & Pepper Divorce Lawyers Melbourne will also discuss some common issues that arise in divorce applications, including the impact of the COVID-19 pandemic on separated couples and same-sex divorces.

No-Fault Divorce in Australia

In Australia, obtaining a divorce is a straightforward process that is governed by the Family Law Act 1975. One of the unique features of Australia’s Family Law system is that it is a “no-fault” jurisdiction. This means that when applying for a divorce, one party is not required to prove that the other party has wronged them. Instead, the Court needs to be satisfied that the relationship has irretrievably broken down, without the possibility of reconciliation.

It is important to note that getting a divorce does not resolve any outstanding Family Law issues that may exist between the parties, such as child custody or financial and property settlements. These issues will need to be resolved separately through the divorce process with our Divorce Lawyers and Separation Lawyers. 

Requirements for the Application for Divorce

To apply for a divorce in Australia, the Federal Circuit and Family Court of Australia has jurisdiction and authority to handle divorce applications. 

The Court requires that one of the parties to the marriage regards Australia as their home and intends to reside there indefinitely, one of the parties is an Australian citizen by birth, descent, or grant of Australian citizenship, and one of the parties has resided in Australia in the 12-months prior to the Divorce Application being filed.

Additionally, in granting a divorce, the Court needs to be satisfied that the parties have lived separately and apart for a period of at least 12 months. This can include situations where parties have lived separated under one roof.

Separated but Living under one roof

As a result of the COVID-19 pandemic, there has been an increase in parties that have lived separately under one roof. While the Court will still consider a divorce application in these cases, additional information will be required. This includes the provision of affidavits, prepared by our Divorce Lawyers and Divorce Attorneys, that outline the circumstances of the breakdown of the relationship.

The affidavit should explain the circumstances as to why the parties continued to live under the same roof after separation. Additionally, it should show that the separation and breakdown of the marriage was effected by a cessation of a sexual relationship, change in sleeping arrangements, reduction of shared activities, and reduced involvement with the other party’s family members and events. It should also show any government bodies that have been advised of the marital breakdown such as Centrelink or Services Australia, division of finances, including separation of bank accounts, and any other relevant matters that provide evidence that the relationship has irretrievably broken down.

Same Sex Divorce

Same-sex married couples seeking to apply for a divorce are treated the same as heterosexual couples under the Family Law Act 1975, and the same rules and regulations apply.

Service of Divorce Documents

If you have made a solo application for divorce, documents will need to be served on your spouse by post or by hand, or directly to their legal representation. Proof of service of divorce documents must be filed with the Court.

If you are unable to locate your spouse, even after you have taken all reasonable steps to locate him/her, you can apply for an order to dispense with service or for substituted service.

If your spouse is in Australia, the documents must be served at least 28 days before the Court hearing. If your spouse is overseas, the documents must be served at least 42 days before the Court hearing.

Do I have to attend Court?

If you have made a solo application for divorce and there are children of the relationship that are under the age of 18, a Court attendance will be required. This is to ensure that the best interests of the children are being taken into account.

If you have made a solo application for divorce and there are no children of the relationship or children that are over the age of 18, then no Court attendance will be required.

If you make a joint divorce application with your former spouse, no Court attendance will be required, regardless of whether there are minor children of the relationship.

Property and Financial Settlements

Obtaining a divorce in Australia does not resolve any issues related to property and financial settlements. In most cases, the division of property and financial assets is resolved through negotiations between the parties or with the help of a mediator. If an agreement cannot be reached, the Court can make orders for the division of property and financial assets.

Seitz & Pepper Divorce Lawyers Melbourne will provide you with the Family Law advice you need to enable you to negotiate a fair and equitable property settlement. The Family Court of Australia also offers a Property Settlement Guide that provides helpful information and guidelines for parties negotiating property settlements.

Child Custody and Support

Like property and financial settlements, obtaining a divorce does not resolve any issues related to child custody and support. Parents are encouraged to work together to develop a parenting plan that outlines arrangements for the care and support of their children.

If an agreement cannot be reached, the Court can make orders for the care and support of children. In making these orders, the Court considers the best interests of the children, including their views and the nature of their relationship with each parent.

Obtaining Legal Assistance in your Divorce Application

It is recommended that you seek legal assistance when going through a divorce. Our Divorce Lawyers and Separation Lawyers can provide Family Law advice and assistance with the divorce application process, property settlements, and child custody arrangements.

If you are unable to afford a lawyer, you may be eligible for legal aid, which provides legal assistance to people who cannot afford a lawyer. The eligibility criteria for legal aid varies depending on the state or territory in which you live.

Conclusion

Going through a divorce is a difficult time for any couple, and navigating the legal process and obtaining the best Divorce Lawyers and Divorce Attorneys can be challenging. In Australia, the Family Law Act 1975 (Cth) governs divorce applications, and it is essential to understand the legal requirements and procedures involved.

As we have explored in this article, the Federal Circuit and Family Court of Australia has jurisdiction over divorce applications and requires certain criteria to be met, including living separately and apart for at least 12 months. When searching for the best “Divorce Lawyers near me”, is also important to understand the impact of the COVID-19 pandemic on separated couples and the same-sex divorce process. By understanding these legal requirements and procedures, you can ensure that your divorce application proceeds smoothly and that our Divorce Lawyers and Separation Lawyers will protect your rights throughout the process.

The division of assets after separation is a complex and sensitive issue that arises when a de facto relationship or marriage comes to an end. This process in Australian Family Law involves the separation of all assets and liabilities that have been accumulated during the relationship, and it is critical to ensure that this division is just and equitable for both parties.

While many people assume that an equal distribution of assets is always the fairest approach, the reality is that it is often more complicated than that.

In this article, Seitz & Pepper Family Lawyers Melbourne will explore the factors that the Court considers when assessing property settlement and why a 50/50 split may not always be the best option. We will also look at the future financial needs of each party and how they can impact the division of assets. Ultimately, the goal of this article is to provide a comprehensive understanding of how marital assets are divided. Our Family Law solicitors are ready to assist the reader to make informed decisions during this challenging time when searching for “the best Family Lawyer near me”.

Non-Financial Contributions

The Family Law Act 1975 (Cth) takes into consideration many factors when assessing what is just and equitable in a Family Law property settlement.

When assessing contributions, the Court considers not only financial contributions but also non-financial contributions. Non-financial contributions refer to the domestic tasks during the marriage, including childcare, cleaning, paying regular bills, and household maintenance and improvements. 

The Court also takes into account the time parties spent out of paid work during the marriage to raise and care for the children of the marriage. These particular variables are also assessed when considering a party’s future financial needs, because the primary caregiver of the children of the relationship has often spent an extended period of time out of the workforce, thereby increasing their financial vulnerability post-separation and divorce.

Financial Contributions

Financial contributions are also assessed, including in circumstances where one party has brought significant financial assets to the relationship. Financial contributions include direct or non-direct contributions to the acquisition, conservation, or improvement of marital property of the parties, including assets that are held jointly or solely, and can include real estate, cars, income, gifts, inheritances, stock portfolios, redundancy packages, injury compensation, and more.

It is important to note that all debts and liabilities held by the parties may be taken into account when assessing the overall asset pool, including mortgages, auto finance, personal loans, and credit card debt. If one party has needlessly accrued substantial debt and negatively impacted the marital asset pool needlessly, this may be assessed as wastage and credited back to the other party.

Future Financial Needs

In determining the division of marital assets in a financial property settlement, the parties’ future financial needs must be taken into consideration. The key factors that determine the future financial needs of a party are detailed below.

Age

The age of the parties is a significant factor that the Court considers when determining future financial needs. Older parties may require a larger portion of the asset pool to be awarded to them as they have fewer opportunities to generate future income.

Health

Health is a critical factor in determining future financial needs. If a party has health concerns, this may impact their ability to work and earn an income. They may require a larger portion of the asset pool to compensate for their reduced earning capacity.

Income and Financial Resources of a Party

The Court takes into account the income and financial resources of the parties to determine their future financial needs. If one party has significantly higher earning capacity than the other, the Court may award a larger portion of the asset pool to the party with the lower earning capacity.

Care of Minor Children

The care of minor children is a crucial factor in determining the division of marital assets. The primary care of the children is the most common and significant factor that will cause the division of marital property to deviate from an equal split. This is based upon the premise that the primary caregiver for the children will have limited employment opportunities when compared to the party without primary care. Of course, this adjustment will vary when taking into consideration the income earning potential of the parties and the ages and needs of the children.

Responsibilities of a Party to Care for Another Person

If a party has the responsibility to care for another person, such as a parent or grandparent, this may impact their ability to work and earn an income. They may require a larger portion of the asset pool to compensate for their reduced earning capacity.

Length of the Relationship

The length of the relationship is another important factor that is considered when dividing marital assets. In general, the longer the relationship, the greater the financial settlement is likely to be. This is because longer relationships typically involve greater financial interdependence between the parties, including joint ownership of property and joint financial accounts.

For example, if a couple was married for 20 years and owned a home together, the Court may award a greater percentage of the marital assets to the party who contributed to the mortgage payments and home maintenance over the course of the marriage.

Wastage

Wastage refers to the unnecessary dissipation of marital assets by one party. This can include excessive spending on non-essential items, gambling, or other reckless behaviour that has a negative impact on the marital asset pool. When wastage is identified, the Court may adjust the financial settlement in favour of the party who did not engage in wasteful behaviour.

For example, if one party spent a significant amount of money on gambling during the marriage, the Court may credit back the amount of money that was lost to the other party when dividing the marital assets.

Other Considerations

In addition to the factors listed above, there are a number of other considerations that may impact the division of marital assets. For example, if one party received an inheritance or a gift during the marriage, the Court may consider whether that asset should be included in the marital asset pool.

Similarly, if one party brought significant assets into the marriage, such as a large inheritance or a business, the Court may consider whether those assets should be excluded from the marital asset pool.

Conclusion

In conclusion, even for the best Family Lawyers, the division of marital assets is a complex process that requires careful consideration of all factors to ensure a just and equitable outcome for both parties. While it is easy to assume that an equal distribution of assets is always the fairest approach, this is not necessarily the case. Instead, the Court shall consider a range of factors, including contributions and future financial needs, when making decisions about property settlement. 

Understanding these factors can help individuals navigate the process with confidence and make informed decisions about the division of assets. Ultimately, seeking Family Law advice and working collaboratively with a former partner can help to ensure that the property settlement is fair and reasonable, and that both parties can move forward with financial security and peace of mind.

In Australia, de facto relationships have become increasingly common in recent years. A de facto relationship is a relationship between two people who live together as a couple on a genuine domestic basis but who are not legally married or related. Under Australian law, de facto relationships are recognized and governed by the Family Law Act 1975. This act provides legal protection to couples in de facto relationships, including financial and property settlements in the event of a relationship breakdown. This article will explore the definition of a de facto relationship under Australian Family Law and the criteria that must be met to apply for financial and property orders. It will also examine the factors that are considered when making such orders, and the importance of seeking legal advice if you are in a de facto relationship or seeking to apply for financial and property orders.

What is a De Facto Relationship?

A de facto relationship is a form of intimate relationship between two people who are not married or related, but who are living together on a genuine domestic basis. Although the definition of a de facto relationship may vary depending on the jurisdiction, Section 4AA of the Family Law Act 1975 defines the term in the Australian Family Law context. The definition includes several criteria that help to determine the existence of such a relationship, including factors like the duration of the cohabitation, the nature of the relationship, and the shared commitment of the parties.

What Relationships include ‘De Facto Relationships”?

In Australia, the term “de facto relationship” applies to a wide range of relationships between two people who are not married but are living together in a genuine domestic partnership. This includes same-sex relationships, which were recognized as de facto relationships under the law in 2009. The legal recognition of de facto relationships means that couples who are in a long-term, committed relationship but who are not married have certain legal rights and obligations towards each other, particularly in the areas of property and financial matters.

Legal Consequences of a De Facto Relationship

The main legal consequence of being in a de facto relationship is that if the relationship breaks down, the parties may apply to the Federal Circuit and Family Court of Australia for financial and property matters to be determined. These include claims for maintenance, property division, and superannuation. However, in order to apply for these orders, the parties must first establish that they were in a genuine de facto relationship and that the relationship has broken down.

Determining if a De Facto Relationship Exists

To determine whether a de facto relationship exists, the Court will consider a range of factors that reflect the nature and quality of the relationship. These factors may include the duration of the relationship, whether the parties lived together, the nature and extent of the parties’ sexual relationship, the degree of financial dependence or interdependence, the ownership of property, and the existence of children. The Court will also take into account the way in which the parties presented themselves to the public, as well as the degree of mutual commitment.

Length of Time

One of the key criteria that must be met in order to apply for financial and property orders following the breakdown of a de facto relationship is that the parties must have been in a genuine de facto relationship for a certain period of time. In general, this period is at least two years. However, the Court may consider a shorter period if there is a child of the relationship, if the relationship is registered under a state or territory law, or if the Court is satisfied that serious injustice would result if the application were not allowed. The Court may also consider the length of the separation when determining whether a genuine de facto relationship existed.

Shared Living Arrangements

Another important factor in determining whether a de facto relationship exists is the nature of the parties’ shared living arrangements. This includes the degree of cohabitation, the extent of shared activities and social networks, and the level of domestic support provided to each other. The Court will also consider any financial arrangements between the parties, such as the sharing of expenses and the degree of financial interdependence.

Applying for Financial and Property Orders

When a de facto relationship breaks down, the parties may apply to the Court for financial and property orders. These orders may include the division of property and debts, as well as orders for spousal maintenance or child support. The Court may also make orders regarding superannuation entitlements.

Factors Considered in De Facto Property Settlements

In determining property and financial matters, the Court will take into account a range of factors, including the contributions made by each party during the relationship, the current and future needs of each party, and any other relevant factors. The contributions made by each party may include financial contributions, non-financial contributions such as homemaking and childcare, and contributions to the acquisition or improvement of property.

When considering the future needs of each party, the Court may consider the capacity of each party to earn an income, the age and health of each party, and any other relevant factors. The Court will also take into account any other factors that it considers pertinent to the particular case, such as the duration of the relationship, the parties’ standard of living, and the degree of hardship that may be caused by a particular order.

Time Limitations

If a party wishes to apply to the Court for financial and property orders following the breakdown of a de facto relationship, they must do so within two years of the end of the relationship. However, in some circumstances, the Court may allow an application to be made outside of this time limit. It is important to seek legal advice if you are in this situation to determine whether an application can be made.

Conclusion

In conclusion, de facto relationships have become increasingly common in Australia and are now legally recognized under the Family Law Act 1975. If a de facto relationship breaks down, the parties may apply to the Court for financial and property orders. To do so, they must demonstrate that they were in a genuine de facto relationship and that the relationship has broken down. The Court will consider a range of factors when determining whether a de facto relationship exists and when making financial and property orders. If you are in a de facto relationship or are seeking to apply for financial and property orders following the breakdown of such a relationship, and are looking for “Family Lawyers near me”, Seitz & Pepper Family Lawyers Melbourne are here to provide you with the best Family Lawyers. Our Melbourne Family Lawyers will provide you with the advice you need to enable you to understand your legal rights and obligations regarding your de facto relationship.