If you are going through a Separation, you will need a Specialist Family Lawyer guiding you through the process and supporting you each step of the way.
Here at Nevett Ford our Family Law team can help you through any stage of a Separation. Please contact us on 03 9615 427 to speak to a Family Law Specialist.
By taking cautionary and preventative steps now, you may save yourself from unnecessary and expensive complications later. If you are contemplating separation, you should consider some of these useful steps.
- Counselling: if you are suffering
from emotional distress you should seek the professional advice of a counsellor.
If you are the victim of domestic violence, professional assistance and advice should
be sought.
- Joint bank accounts: if you have
a joint savings account with your spouse it is wise to instruct the bank to restrict
access so that mutual consent is required between you and your spouse before any
transaction can by entered into. You should also cancel any joint credit cards.
- Assets: It is a good idea to create
a list that specifies all of your assets held with your spouse jointly or in your
individual names.
- Debts: Similarly, any personal
or joint debts or mortgages should be listed together with the name of the party
to whom the debt is owed.
- Centrelink: If you are unemployed
and / or if you relied on your spouse’s income, you should consider applying for
Centrelink payments.
- Child Support: If you have children,
this is a good time to contact the Child Support Agency about the Child Support
that your spouse will pay or the Child Support that you will be liable to pay to
your spouse for the children.
- Division of furniture: It is advisable
to draw up a list with the items of furniture with an approximate current market
value to assist with negotiating a division of the furniture.
- Redirection of mail: In general,
if you are now living in a different address you should consider redirecting your
mail and notifying the relevant authorities of the change of address.
- Disposal of assets: as a spouse
you should not attempt to dispose of joint assets. If you are concerned about
your partner disposing of or destroying assets or relevant documents you may be
able to seek an injunction from the Family Court. However, you should obtain legal
advice before taking such a step.
- Changing you will: You may need
to update your existing will, particularly if your spouse is a beneficiary or trustee/executor.
Superannuation Splitting
Part VIIIB of the Family Law Act 1975 empowers the Court to make splitting Orders
requiring payments under a superannuation policy to be allocated between a member
and a non member spouse. When assessing how superannuation interests are to be treated
in a property settlement, the Court may include them with the pool of non-superannuation
assets or assess the superannuation and non-superannuation assets separately. The
first step that the Court will take is to value the superannuation interest or interests.
It will then assess the contributions that the parties have made to the superannuation
interests. (It will usually look at the contributions made at the commencement of
the relationship, at the date of separation and at the date of the hearing.). The
Court will then assess any “future needs” factors which may apply to one or both
parties as set out in section 75(2) of the Act. Finally the Court will ensure that
any Orders relating to the parties’ superannuation entitlements are just and equitable.
In practice, superannuation splitting Orders are usually made where the parties
have unequal superannuation entitlements and where neither party is likely to retire
for some time. Superannuation splitting can help parties to avoid a situation where
one party retains substantial superannuation entitlements in a property settlement
(which they may not be able to access for some years) and few non-superannuation
assets. If a party retains the majority of the superannuation assets and few non
superannuation assets, it may be difficult for them to re-establish themselves.
In a case where a party has superannuation entitlements of substantially more value
than the other party and neither party is likely to retire in the near future, the
party with the greater superannuation entitlements will usually seek to split some
of his or her superannuation entitlements in favour of their spouse and retain a
greater proportion of the non superannuation assets of the marriage.
Where the parties have superannuation entitlements of similar value or where they
both have entitlements of a modest value, they tend to retain their respective entitlements.
If a party is likely to retire in the near future, he or she will also usually retain
his or her superannuation entitlements (however there may be a superannuation split
in that party’s favour from the party who will not retire for some time).
Prior to superannuation splitting Orders being made, a valuation of the relevant
entitlements must be obtained. A party’s lawyer can obtain a valuation by completing
a superannuation information form and sending it to the trustee of the relevant
fund together with any requisite fee. Prior to superannuation splitting Orders being
made the trustee of the fund must be accorded procedural fairness ie served with
a copy of proposed super splitting orders. Once superannuation splitting Orders
are made they are binding upon the trustee of the relevant fund.
Where to now?
Speak to a Family Law Specialist
Often the best way to get the answers you need is to
speak to a Specialist.
To contact one of our family law specialist please
use our contact form or please call us on +61 3 9615
4327.
Book a consultation
A consultation with one of our Family Law
Specialists allows you the chance to talk about your
family law issue and work with people who deal with
these issues on a daily basis.
Also, it gives you the chance to ask any questions
that are on your mind and gives us the chance to
learn about your situation and what options are open
to you
For more information please call us on +61 3 9615
4327 or send as an e-mail at
info@nffamilylawyersmelbourne.com.au. We can
help you in any situation.
