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.
Getting married does not automatically change who owns your home. Any changes to the title deed, or the mortgage, need to be changed yourself.
Once you've been together for 6 months, your new partner can take half!
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.
Rather, matrimonial property includes all assets, liabilities, superannuation and financial resources that the parties have an interest in under joint names, their respective sole names and, in certain cases, via corporate entities and trusts, whether those interests exist in Australia and/or overseas.
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.
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.
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.
A partner is entitled to half of the house if they can show that their contributions to the joint asset pool is equal to 50% of the value of the house.
In summary, a wife in a divorce settlement in Australia is entitled to a fair and equitable share of the assets and property accumulated during the marriage. This may include a share of the family home, vehicles, savings, and investments, and any superannuation that has been accumulated during the marriage.
Can a de facto take half of the assets? Just like with married couples, there is no starting proposition in the Family Law Act that the property of a de facto couple will be divided equally. A de facto partner can, however, receive an adjustment of 50% of the asset pool, if that is the appropriate outcome.
In Australia, you cannot sue someone for cheating with your spouse, nor can you sue your spouse for cheating. Cheating, or adultery, is not considered a criminal offence, nor is it a basis to sue someone.
A feature of Australian law is that marriage has no legal impact on a spouse's ownership of property. Anything owned before marriage or acquired in any manner during it remains the property of the owner and is under his or her management and control while the marriage continues.
Ultimately, the court employs a high degree of discretion when considering what effect one party cohabitating with a new partner has on the property settlement. It all depends on the circumstances of the particular case.
A Binding Financial Agreement (BFA) is often the most effective approach. A BFA takes into account what each person brings into the relationship, their contributions during the relationship and other conditions that would come into effect, for example, such as the birth of any children.
There is no legal barrier to purchasing a new property before getting divorced. Many people finalise their property settlement and buy a new property before they are even eligible to get a divorce.
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.
To apply for a divorce, you must have been separated for at least 12 months, and you or your spouse must: be an Australian citizen, or. live in Australia and regard Australia as your permanent home, or. ordinarily live in Australia and have done so for at least 12 months before the divorce application.
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.
In Australia the law is not concerned with whose “fault” it is that the relationship broke down. You must be separated for a period of 12 months before applying to the court for a divorce. must apply for a property settlement within 2 years of the date of separation.
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.
A 60/40 divorce split refers to a property settlement where one party gets 60% of the combined assets, while the other receives 40%. The combined assets of a couple are also known as the 'asset pool.
Superannuation makes up a part of the asset pool, and so, if you find yourself wondering: Is my ex wife entitled to my superannuation? The short answer is yes. If you are married – after a divorce is finalised, your ex wife or partner is entitled to make a claim for your superannuation for up to a year.
Do not threaten or become violent with your spouse. Committing or threatening to commit acts of violence (physical or psychological) can impact your claim to the matrimonial home and to having custody of and access to your children. You will also need to retain a criminal lawyer, thereby increasing your legal costs.
The partner on a lower or no income can enjoy their super balance increasing. To be eligible for the tax offset, you need to contribute up to $3000 to your spouse's super, and you can contribute more than $3,000 to your spouse's super, but the amount will not be eligible for the tax offset.