Property Settlement

The Family Court has a wide discretion in making orders that may alter your share of matrimonial assets.  Any orders made must be just and equitable in all circumstances.
Basically there are three steps to the determination of property settlement:

•    What is the net value of all property?
•    Assessment of contributions. 
•    Consideration of circumstances affecting each person’s future financial position.

RM Legal are able to advise you on the likely percentages of division of property the Court would order in your circumstances and provide effective representation to ensure a just and equitable outcome.

Children’s Matters

In making orders for where the children will live and when they will see the other parent, the Court must determine what is in the best interests of the child.

The Family Law Act contains those factors to be considered in determining what is in the best interests of the child and include the:

•    Wishes of the child;
•    Nature of relationship of the child with each parent;
•    Capacity of each parent to provide for the child’s needs;
•    Protection of the child from physical/psychological harm;
•    Issue of possibility of family violence.

We are able to listen to and understand your particular circumstances before advising on and representing your interests to achieve appropriate orders for you.

‘Prenuptial’ Agreements

A financial agreement can be entered into by couples contemplating marriage (a Binding Financial Agreement) or by people in a de facto relationship (a Cohabitation Agreement).  The agreement can deal with how the property or financial resources of either or both of them are to be dealt with, in the event of a breakdown of the marriage or relationship.

The advantages of entering into either a Binding Financial Agreement or a Cohabitation Agreement are to:

•    Provide certainty;
•    Protect ownership of assets brought into a relationship;
•    Prevent costly, stressful and lengthy litigation if the relationship does break down;
•    Provide peace of mind to couples in relation to financial matters in the event of  their relationship breakdown.

We recommend that you obtain legal advice in relation to the suitability of such agreements for you and to ensure that your agreement is binding and effective.