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Unacceptable Risk to Children

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Subpoena in family law proceedings

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Taking legal action for Parenting Orders

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Order for indemnity costs in family law proceedings

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Costs Order & family law property division

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Staying together for kids

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Alcohol use disorder and parenting arrangements

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Affidavit evidence family law

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Mental health issues & parenting Orders

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Order returning children. When will this be made?

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Long term marriage and property division

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Family Counselling and Parenting Orders

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FINALISING PROPERTY DIVISION AFTER SEPARATION

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When is it possible to re-open parenting proceedings?

An application tore-open parenting proceedings where orders have previously been issued must be carefully considered before it is filed. There must be circumstances which will warrant the Court in re-opening a case.  Dependent upon the circumstances, there may even be a case for an order for costs against an applicant who brings such an application […]

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Airport Watchlist and preventing children from leaving Australia

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Court behaviour in family law cases

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Lying in Court: Consequences in family court

LYING IN COURT. WHAT CAN HAPPEN IF A PARTY CONCEALS ASSETS IN A FAMILY LAW PROPERTY DIVISION? Before a division of property can be agreed by parties following a divorce or separation, it is important that the extent of the assets and liabilities that are available to be divided is agreed. If you have been […]

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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 […]

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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 […]