Christmas for separated families

Christmas for separated families

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Child Custody Orders: How the Court makes them

Child Custody Orders (Parenting Orders) – Views of the children in relation to a decision concerning who they live with after separation of the parents. Have you recently separated or considering separation from your partner? Do you have a child or children who are expressing a view following separation of where they want to live? […]

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Fixed price consent orders

Fixed price consent orders may be one of your main concerns when you are considering engaging a family lawyer. At LGM Family Law, we understand that when you are facing separation, it is likely a very difficult time for you and of the utmost importance for you to be able to control the amount of […]

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Family law division superannuation

IN FAMILY LAW DIVISION SUPERANNUATION IS TREATED AS PROPERTY – HOW IS SUPERANNUATION CONSIDERED AND DEALT WITH IN A FAMILY LAW PROPERTY SETTLEMENT?

Have you separated from your partner and concerned about whether you can retain your superannuation in a family law property settlement?

Superannuation is an important part of life in later years. You work hard all your life to earn and save so that you can be comfortable in retirement. In a family law division superannuation can feature very prominently, especially where it may be the only significant asset. What happens to your (or your partners) superannuation if your separate? Will he or she take it leaving you with nothing for your future? Can you get a portion so that your have funds to rely on?

Contact our Brisbane Family Lawyers and Family Lawyers North Brisbane  if you wish to know how in a family law division superannuation will be considered by the Court and your  likely outcome for property division. Please also feel free to call us direct (Ph. 3506 3651). You are also welcome to read on now to learn more…

When a marriage or de facto relationship breaks down property can be divided between the parties.

Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is not immediately accessible and is essentially held in a trust until it is eligible for release to an entitled party. See Part VIIIB of the Family Law Act 1975.

Superannuation splitting laws in the Family Law Act 1975 allow superannuation entitlements to be divided between eligible parties when a relationship breaks down.

Under the superannuation splitting laws, certain authorised agreements or an order of the Court can be made to split a superannuation entitlement.

This means that, as and when, a payment from a superannuation interest becomes payable to the primary superannuation account holder who is the member spouse (usually because a condition of release has been met, such as retirement from the paid workforce) a certain amount will be paid to the previous partner or non-member spouse and the remainder will be paid to the member spouse.

Generally, payment splitting does not create a new superannuation interest for the non-member spouse. However, if there is an authorised payment splitting agreement or order in effect on a superannuation interest, the splitting laws may permit the creation of a new interest for the non-member spouse. In some circumstances (depending upon the type of superannuation benefit or provider) a transfer or roll-out of benefits for the non-member spouse to another fund may be permitted.

If you are thinking of obtaining a divorce or require assistance or advice in relation to a family law division superannuation treatment or parenting matters, you are welcome to contact our experienced Brisbane Family Lawyers or Family Lawyers North Brisbane at LGM Family Law.

Our friendly and knowledgeable team of Family Lawyers Brisbane are here to help and offer a free initial call. when you are welcome to put some questions that concern you to us. You are also welcome to call us direct (Ph. 3506 3651) or go online to book a fixed-fee initial consultation with us for more detailed advice tailored to your circumstances.

No matter your situation, we will assist you to resolve your family law issues and leave you free to get on with life!

For more information and resources on divorce and Family Law matters, visit our page here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances such as that provided in a personal consultation with LGM Family Law.

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Property settlement overseas assets

PROPERTY SETTLEMENT OVERSEAS ASSETS – HOW DOES FAMILY LAW CONSIDER OVERSEAS PROPERTY? Do you or your partner own property overseas? Are you or your partner entitled to an asset located outside Australia? In Australia, we have a multicultural society. As our society becomes increasingly globalised, not only are our cuisines and culture enhanced but (keeping […]

affordable family lawyers

Affordable family lawyers Brisbane

Finding affordable family lawyers will be important for you both prior to and following separation. Of course, affordability is not the only factor. The family lawyer who is right for you will be experienced in family law. He or she will be ready to advise you about the best way for you to resolve your […]

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Short Relationship property settlement

SHORT RELATIONSHIP CONTRIBUTIONS – HOW DOES FAMILY LAW CONSIDER PROPERTY DIVISION? Have you been in a short relationship and thinking about a separation from your partner? Have you recently separated where the relationship was of short duration? The Family Law Act 1975 (Cth) sets out the considerations or factors that apply when the family courts […]

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Child Support for child over 18 years

CHILD SUPPORT FOR CHILD OVER 18 YEARS Do you have need of child support for a child in your care who will turn 18 before they complete their secondary studies or who is over 18 years of age and suffering from a physical or mental disability? You will see from our recent blog (Adult child maintenance) […]

child support for child over 18 years_Brisbane child custody lawyers

Adult child maintenance

Adult child maintenance and how to obtain it are the issues that we address in this blog. Do you have a child in your care who is will still be at school when they turn 18 and not yet completed their secondary studies? Do you have a dependent over the age of 18 in your […]

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Binding child support agreement and recent changes

BINDING CHILD SUPPORT AGREEMENT – 2018 CHANGES Do you have a Binding Child Support Agreement with the other parent or carer of your children? From the start of the 2018/2019 financial year, amendments to the Child Support (Assessment) Act 1989 (Act) came into effect which may have a significant impact on current and future Binding […]

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Leave of the court to apply for orders out of time

Leave of the court is needed where you apply for property orders out of time Leave of the court to be permitted to bring your claim before the court will have to be obtained I you wish to apply for final property orders outside the statutory period. Pursuant to section 44 (3) of the Family […]

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Parental conflict in a separated family

PARENTAL CONFLICT IN SEPARATED FAMILIES Parental conflict can be very damaging for children as well as reflecting badly upon the parent or parents contributing to the conflict when they are seeking a parenting order from the family courts. A recent article published in The Courier Mail titled “Kids pawns in custody fight” (08.07.2018) highlights a […]

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Controlling legal fees in a family law matter

Controlling legal fees in a family law matter is an understandable concern that you will have when facing divorce or separation. Recently there has been media attention about some family lawyers creating unnecessary fights and taking aggressive and combative approaches, particularly in the Sydney Registry, costing their clients significant amounts of money. At LGM Family […]

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Badmouthing parent

Badmouthing parent: What can be done A parent badmouthing the other parent can be a real problem for children at any time and especially following a divorce or separation.  Research suggests that a child can develop anxiety and feel insecure where a badmouthing parent is constantly making negative comments about the other parent whether directly […]

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Avoid family court following separation

How to avoid family court following separation with Brisbane divorce lawyers This is an obvious concern for you if you have recently separated. It has got to be a better outcome for you to negotiate an amicable agreement with your former partner, whether for child custody or property division. Recently, The Australian published an article […]