Financial Entitlements

Property Settlement

The Family Law Act provides for the division of property between married, de facto and same sex couples.

The law of property division can be very complex. Hede Byrne and Hall will assist you to navigate the approach taken by the Court, including the following considerations:

  • The financial contributions made by each party including any assets held at the commencement of the relationship, earnings, inheritances or other significant funds provided by family and lottery wins;
  • The non financial contributions made by each party including maintenance of the home, role as homemaker and responsibility for care of the children;
  • Any relevant conduct of the parties including excessive waste of matrimonial funds;
  • The future needs of each party including responsibilities for care of the children, prospects of inheritance and earning capacity.

Hede Byrne and Hall can assist you with determining the best avenue for resolution, whether that is by way of Consent Orders, Binding Financial Agreement or Court Proceedings.

Spousal Maintenance

In some circumstances, a married or de facto spouse may be required to pay spousal maintenance after separation. Whether spousal maintenance is paid depends on one party’s capacity to pay and the other party’s need for financial support.

When considering whether to make an order for spousal maintenance the court considers the following:

  • The age and state of health of each party;
  • The income, property and financial resources of each party and their employment capacity;
  • Whether either party has care of a child of the marriage under 18 years;
  • The financial needs and obligations of each party;
  • The responsibility of each party to support another person;
  • The reasonable standard of living that a party has become accustomed to;
  • Whether the receipt of maintenance would assist a party to undertake education or training to increase earning capacity;
  • The extent to which the party has contributed to the property and financial resources, income and earning capacity;
  • The duration of the relationship; and
  • Any fact or circumstance which the Court considers relevant.