Free Family Law Seminar

UNDERSTANDING YOUR RIGHTS AFTER SEPARATION:
�� Parenting
�� Property Settlement
�� Child Support

To be held in the McKinnon Room of North Sydney Leagues Club, 12 Abbott Street Cammeray on
Tuesday 21 September from 6.30pm to 8.00pm

There will be time for questions

To book your place, please contact Janice Martin on 8448 9823
or email jmartin@atkinvin.com.au (numbers limited!)

An initiative of Atkinson Vinden Lawyers
Level 8, 10 Help Street
Chatswood
Tel: 9411 4466
www.atkinvin.com.au

New de facto laws mean cheats no longer prosper

By Nick Leys From: The Sunday Telegraph, March 01, 2009

"NEW laws that start today leave cheating husbands open to divorce-style litigation from their mistresses, who can now claim income maintenance, property and even superannuation funds.

The Family Law Amendment (De Facto Financial Matters and Other Measures), dubbed the "mistress laws", were passed by the Senate last November."

"The laws declare that de facto couples who satisfy basic criteria - such as being in the relationship for at least two years - will be treated in the Family Court in the same way as a married couple. It also applies to same-sex couples.

The laws will change the way property is divided by enabling the court to consider the "future needs" of partners, as it does for married couples.

Men or women who have a second relationship outside a marriage are now liable to legal action in the Family Court should the second partner decide he or she deserves income support or a share of assets. This is particularly the case if a child is involved.

Currently in NSW there is no general right to such maintenance for those in de facto relationships who feel they have a right to financial support or assets.Major law firms have already been asked for advice on the new laws, from those involved in more than one relationship and long-term de facto couples, who now want to protect their property.'

Click her for full story

De facto law is unfair to wives and children

The Sunday Telegraph, March 01, 2009

""WITH this ring I thee wed, and all my worldly goods I thee endow," says the groom. "For richer, for poorer, in sickness and in health, to love and to cherish, for as long as we both shall live," murmurs the bride.

Romantic, isn't it? But, as of today, the words are a mere formality.

Until now, the bond of marriage has created a special category of relationship.

But today, all de facto relationships of more than two years' duration, be they gay, straight or even a clandestine affair, will have the power of marriage - and that puts all those worldly goods into a new universe of doubt.

Previously, de facto settlements were effectively limited to child support. Now, property, assets and superannuation are all in the mix.

Here's why this matters so much: Australia has a uniquely high-stakes system of property divison.

Judges can decide how to allocate all the property and assets owned by two married people - not just those things they acquired during their relationship or own in joint names.

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In other words, everything is up for grabs when a married couple separates.

And now, all couples who live together will be effectively considered "married", in the sense that the same legal obligations apply. You don't have to frock up and exchange rings - you just have to shift the boxes up the stairs and stay together for two years.

A relationship will also fall under the new law, if a child arrives.

So, anyone who has a baby, even if there is no relationship between the parents in any permanent sense, will be able to claim on the assets of the other.

That's it."

Click her for full story

Family Law Facts

• 109,000 marriages were registered in Australia in 2005. This represents 5.4 marriages for every thousand people in the Australian population. This was a decrease from 7.2 in 1986.

• Over the same period, the divorce rate remained steady at around 2.5 divorces for every thousand people.

• Australians are marrying later. The median age for the first marriage for men has increased from 25.6 years in 1986 to 30 years in 2005, and from 23.5 to 28 for women.

• The proportion of Australians who are married has decreased. In 1986, 60% of the population aged over 15 years were married, compared to 55% in 2001.

• Based on these rates of marriage, 31% of males and 26% of women will never marry.

• The number of people in de facto relationships has almost doubled. 4.3% of the population over 15 were in de facto relationships in 1991, compared to 7.7% in 2006.

• In 2006, the median duration of marriages (without separation) was 8.9 years.

• In 2006, 40% of applicants for divorce were female and 29.5% were male. The balance were joint applications.

• In 2006, 50.1% of divorce applications involved children under 18 years (being a decrease from 59.7% in 1986).

The above information was extracted from a newsletter published by Shepherds The Family Law Specialists.

Non Disclosure of Hidden Assets

Annabel Murray from Atkinson Vinden Heazlewoods responds to the question: "What if my ex had hidden property?" in Law Talk Newsletter, February 2008.

In brief:

• "Parties to a marriage wishing to divide the property of the marriage do so under the Family Law Act, 1975. The Family Law Act empowers the Court to make orders in relation to the property of the parties."
  
• "Both spouses must identify and disclose all of their property."
  
• Property includes both assets and liabilities. "It also includes assets wholly in one spouse's name, even owned before marriage, assets in both names or held under other names, such as companies of which a party has a controlling interest. Property also includes superannuation."
  
• "Parties can reach a property settlement either by an informal arrangement between themselves (which is not recommended), by documenting their property settlement in a binding financial agreement, or by having court orders made (either on terms the parties consented to, called 'consent orders', or by orders made by the judge)."
  
• "If the matter is before the Court, then the Court rules require that both spouses file a sworn document disclosing their assets, liabilities and financial resources. This must be filed before consent orders or court orders can be made."
  
• "If during the course of proceedings, one of the parties draws to the Court's attention that the other has not fully disclosed assets and liabilities then the Court will order that party to file an amended full disclosure. In addition, if the failure to disclose is considered deliberate, the court may add the previously undisclosed assets into the property pool and order that it be divided between the parties."
  
  For further information regarding family law matters, contact Annabel Murray 02 9411 4466
  

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