Can I divorce my wife and keep my house?

In many cases, the simplest way to keep the house in a divorce if it still has a mortgage is to refinance. The best-case scenario is for you to refinance and remove the mortgage from your ex's name altogether. You'll need to qualify for the mortgage on your own, so make sure to have all your financial ducks in a row.

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Who gets the house in a divorce in Australia?

If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule.

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What are my rights if I leave the marital home Australia?

Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation but no one can be forced to. This means you cannot make your spouse leave and then change the locks.

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Is my partner entitled to half my house Australia?

In Australia, your girlfriend is not automatically entitled to take half of your house. The law requires you to take into consideration any contributions that both of you made to the house, and any future needs either of you may have.

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What is a 60 40 split in divorce?

The most typical division, however, is a 60/40 split. This typically happens when one person makes more money while the other has a greater share of the obligation for caring for the children after the divorce, or may have a limited ability to earn money or less superannuation.

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How Can I Keep My House in a Divorce

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Who loses the most in a divorce?

While many men are quick to say that their ex-wives took everything, including the dog—or that is what many country songs lead you to believe, anyway—the truth is that women often fare worse in a divorce. Men are typically the ones who go on and live their lives as if a divorce never happened.

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What is a GREY divorce in Australia?

What is grey divorce? This is a term coined for persons divorcing in their later years. However, some couples may not have married, but when separating in their later years, may fall under the de facto provisions of the Family Law Act 1975 (Cth).

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How is a house split in a divorce in Australia?

Most property proceedings result in a division of 55 to 65% in favour of the economically weaker spouse, historically the wife, before payment of legal fees. Nevertheless, the outcome of your property settlement will depend upon your practical circumstances, judicial determination in this field being discretionary.

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How long do you have to be in a relationship to take half in Australia?

Once you've been together for 6 months, your new partner can take half!

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Who pays the mortgage after separation Australia?

Typically, when both parties earn an income, and one needs to pay rent elsewhere, a common arrangement when someone leaves the family home is for the party that remains in the home to pay the mortgage repayments, with the person leaving paying rent at the new accommodation.

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Does a husband have to support his wife during separation Australia?

Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.

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Can a husband make his wife leave their home?

The short answer is yes, you can force a Spouse to leave the marital residence. But there are requirements that must be met in order to have a sole legal claim to the marital home. An agreement between spouses on who is to move out and situations of domestic violence are examples meeting the requirements.

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How do I protect my property from divorce in Australia?

It is important to consider entering into pre-nuptial or co-habitation agreements, that can provide legal protection for your assets during and potentially after divorce or separation. These agreements usually occur before marriage and they can provide specific boundaries and expectations should the marriage end.

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Does length of marriage affect divorce settlement Australia?

The amount of your entitlement will depend on the contributions (financial and non-financial) you have both made during the marriage/relationship, and other factors such as your income and earning capacity, your age and health and the length of the marriage/relationship.

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How much does a divorce cost in Australia?

What is the average cost of a divorce or separation in Australia? According to Money Magazine, the average cost is between $50,000 and $100,000 and can take up to 3 years if going through to Court.

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Is Super Split 50 50 in a divorce?

What will happen to my super during a divorce or separation? Essentially, super is considered as property in the event of a relationship breakdown, so like any other asset it can be divided between partners by agreement or court order. This includes marriage or de facto relationships, both heterosexual or same sex.

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What is the minimum separation period for divorce in Australia?

To apply for a divorce, you or your spouse must have been separated for at least 12 months and either: be an Australian citizen. live in Australia and think of Australia as your permanent home, or. usually live in Australia and have done so for at least 12 months before the divorce application.

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Is it legal to date while separated in Australia?

We would recommend you end your existing relationship before commencing a new one but appreciate that this ending could just entail “moving out”. This question borders on the realm of relationship advice not legal advice. In short, there is no legal restriction on 'dating'.

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What is the 2 year rule for relationships?

Benson's central recommendation is that dating and cohabiting couples should have a serious discussion about the future of their relationship and where it is going within two years, and if the relationship is not headed toward marriage by then, it is time to end it.

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What is a 70 30 split divorce Australia?

What is a 70/30 divorce settlement? 70/30 refers to one separated party getting 70% and the other getting 30% of the property pool. The “property pool” is all the assets and liabilities of the parties to the relationship.

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What are the rules for divorce in Australia?

Divorce is the legal end of a marriage (dissolution of marriage). Australia has 'no fault' divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage.

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Can you get a divorce without the other person signing in Australia?

Both applicants must sign the Application. You do not need to serve documents on the other party if you make a joint application. Court attendance is not required if you file a joint application.

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What is the easiest way to divorce in Australia?

The easiest way to apply for a divorce is to complete an online application on the Commonwealth Courts Portal. You need to register to use the Portal. Then you answer some questions and upload some documents – for example, your marriage certificate. You have to pay a fee for putting in a divorce application.

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Do I have to sell my house in a divorce Australia?

If your ex-spouse refuses to sell the house, you can force the sale of the home via a court order. If you take this option, it means that a judge can order that a home is sold as part of a property settlement.

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Can my ex wife claim money after divorce Australia?

While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.

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