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  • Writer's pictureTanya Lavan

Property, Maintenance and Child Support

Family Law Property settlement in Australia is applicable to both married and de-facto partners. The settlement will include all assets, liabilities and superannuation interests in your name, your partners name, or which either of you have an interest. They will form the asset pool for division between you. The division of property in the most simple terms depends upon the value of the pool, the contributions made and the future needs factors. You will receive advice about your entitlements for a property settlement early. This will enable you to make settlement offers, to negotiate directly, and to settle your matter quickly and with the least legal and emotional expense.

Maintenance is separate to property and also separate to child support. It can either be for a spouse, de-facto partner, child or adult child. In the simplest terms it can be payable when one party has an excess of expenses over income, and the other partner has an excess of income over expenses. You will receive advice about your entitlements to maintenance early in the context of your family law matter, how this can be achieved and how it can be documented for you.

Child support is in addition to property settlement and maintenance, it is purely to cover the expenses of the children. There is an online formula at the child support agency but this is limited to low income bands and is an absolute minimum.. We will provide you with advice as to child support entitlements and also whether you would be better suited in seeking a limited or binding child support agreement. You will also receive advice about the rights and limitations of entering into these agreements. These can be provided set fee.


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