How long does it take to finalise a divorce settlement?

The time it takes depends on whether you can reach an agreement with your ex-spouse. If settled amicably, it can be completed within a few months. However, contested cases may take longer and require court involvement.

What factors does the court consider when dividing assets?

The court considers the length of the marriage, each party’s financial and non-financial contributions, future needs, and the welfare of any children involved.

Can I negotiate my divorce settlement outside of court?

Yes, many divorcing couples can negotiate a settlement outside of court through mediation or direct negotiation. If both parties agree, a lawyer can help formalise the agreement.

Can an inheritance be included in a divorce settlement?

Yes, inheritances can be considered part of the asset pool, depending on when they were received and how they were used. It is essential to disclose all assets, including inheritances, to ensure a fair settlement.

What happens if my ex refuses to settle the property division?

If an agreement cannot be reached, you may need to apply to the court for a financial order. The court will make a decision based on the evidence presented and the legal principles of fairness and equity.

Will I have to pay spousal maintenance after the divorce?

Spousal maintenance may be ordered if one party cannot support themselves financially after the divorce. The court considers factors such as age, health, and earning capacity when deciding on maintenance.

How is superannuation treated in a divorce settlement?

Superannuation is treated as property and can be split between the parties. The method of division will depend on the type of superannuation and the length of the marriage.

What is a Binding Financial Agreement (BFA)?

A BFA is a legally binding document that outlines how assets and liabilities will be divided in the event of a divorce. It must be signed by both parties after independent legal advice and is used to prevent future disputes.