Family Court Orders in Dividing Property and Money after Separation

Whether you and your partner are in a de facto relationship or you're properly married, the matter of dividing property and managing finances after your relationship has gone south is never without controversy or dispute. Couples applying for property settlement or spousal maintenance after providing proof of their fully dissolved relationship now follow the rules and procedures stated under the Family Law Act of 1975. Relationships that broke down completely before March 2009 may follow the laws of the state or territory where one or both couple had lived before or invested in real property. Alternatively, these couples may apply for dispute or property settlement in South Australia where the Family Law Act applies. Bringing Your Ex-Spouse to Court for Financial Orders In case, you and your spouse could never see eye to eye, you'll have to seek out the court's involvement through an application for financial orders. The Family Court is there to extend a more objective perspective into the matter. Of course, the court does not immediately offer assistance unless you and the other party have exhausted all other means to reach an amicable settlement. Before or during an application has been filed at Court, both you and your ex-spouse will be required to attend a family dispute resolution where both parties are urged to reach an agreement before they begin court proceedings. When the judge realizes the futility of making you kiss-and-makeup with your ex, that's when the Court takes action. Actually, not every financial dispute involving a separated couple is required to go through the dispute resolution process. This pre-action procedure simply attempts to try other avenues in making another couple's property settlement case end with a mutually satisfying agreement. Know the Judge's Orders in Five Steps By this time, every couple who's ever reached this stage will have to be ready to accept whatever order the judiciary dishes out. The following is a brief look into the steps that a judge takes in resolving this matter: rn1. The Court looks at each party's current financial status, including the individual's credit history, current savings and other liquid assets, and current properties than can be sold or kept in trust for the couple's children. 2. The Court then looks over the detailed inventory of direct financial contributions made by each party during the relationship. These contributions include wages and salary, bonuses, winnings, and loans. 3. The Court follows this up with a closer look into the indirect financial contributions of each party during the relationship. These contributions include gifts from friends and family, or an inheritance from an aunt or your grandfather. 4. The Court next looks at the non-financial contributions that each party provided during the relationship. These contributions include housework, cooking, yard and garden work, home repairs and improvements, and parenting duties. 5. Finally, the Court must make sure each party receives a fair result of the division. Therefore, the spouse with a debilitating illness or a disability may be awarded with additional compensation. Also, the spouse who has custody of the children must be capable of meeting the costs of maintaining children in Australia. Most likely, the spouse who earns more, has a stable job, manages his or her affairs more responsibly, and has fewer or no records of run-ins with law enforcement is given the custody of the children. But, this spouse is also requested to provide for Spousal Maintenance to the other party in need of financial assistance. A Judge's Discretionary Powers After the end of every dispute or the final round of negotiations, each party must sign consent orders, which signify that both agreed to the terms stated in the financial orders or the divorce settlement. This is where an experienced divorce attorney or de facto lawyer becomes a strong ally to keep beside you. The very last piece of the puzzle requires that each party received a fair share of the money, personal property, investments, and real estate. To achieve a fair result further demands that the judge takes into account the kind of behavior displayed by one or both parties during the dispute. Petty retaliation, such as cutting up clothes probably won't affect the Court's decision. However, a vicious move to cut off the cable TV and broadband connection at your ex-husband's home could cost you percentage points. At this stage, the judge has the absolute power to decide how to best divide the wealth between two warring factions based on the facts with utmost discretion.