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Under the Family Law Act 1975 (Cth) (The Act), there are separate time limitations for marriages and de facto relationships to file property applications. Accordingly, there is an urgent need to contact an experienced family law solicitor to understand your rights and obligations.
Under s79(2), Courts must make orders relating to matrimonial property that is ‘just and equitable.’ The same applies to de facto property under s90SM(3) of the Act.
Several factors are considered in the Act to make a ‘just and equitable’ determination. These include the following:
- The earning capacity of either party
- Any child support
- The age and state of health of each of the parties;
- The income, property and financial resources of each of the parties
- The physical and mental capacity of each of them for appropriate gainful employment;
- Ability of each party to support: Themselves; and
- Ability of each party to support: A child or another person that the party has to maintain;
It is important to note that when the Court is examining these factors, there is no distinction between a ‘matrimonial property’ and a ‘business one.’
Our family law solicitors will discuss your options to ensure you understand the processes. Our lawyers are experienced in property applications and understand the complexities.
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