De Facto Relationships Lawyers Brisbane.
Your Family Lawyers Brisbane & Sydney
Drafting and reviewing legal agreements that outline the division of assets and financial arrangements in the event of a separation or divorce.
At CG Legal, we understand the importance of protecting your assets and financial interests in the event of a separation or divorce.
De Facto Relationships Lawyers Brisbane: Your Trusted Legal Support.
When it comes to protecting your rights and interests in a de facto relationship, having expert legal guidance is crucial. Our dedicated team of Family Law lawyers in Brisbane is here to stand up for you and provide the guidance you need in navigating the complexities of de facto relationship matters. Whether you’re dealing with property division, parenting arrangements, financial considerations, or other related issues, we’ve got you covered.
Our De Facto Relationship Services:
At our law firm, we offer a range of comprehensive services tailored to meet the unique needs of unmarried couples. Our expertise extends to:
1. Property Division
Just like in marriages, de facto relationships often involve the division of shared assets and liabilities. Our experienced lawyers will guide you through the process of equitable property division. We ensure that your contributions and entitlements are fairly recognized, following the guidelines set forth by the Family Law Act. If you are in need of assistance with family court proceedings related to property settlement, we are here to help.
2. Parenting Arrangements
If you have children from a de facto relationship, we prioritize their best interests. Our team will assist you in developing parenting arrangements that create a stable and nurturing environment for your child. We understand the importance of child support, and our legal expertise ensures that your child’s needs are met through a well-structured parenting plan.
3. Financial Matters and Agreements
Financial matters in de facto relationships often involve complex issues like spousal maintenance and financial support considerations. Our family lawyers are well-versed in the intricacies of financial agreements. We can help you create binding financial agreements that outline the division of assets, financial arrangements, and other crucial matters in the event of a separation. These agreements serve as an essential tool in safeguarding your rights.
4. Domestic Violence and Your Legal Rights
We also understand the significance of addressing domestic violence in de facto relationships. Your safety is of paramount importance, and our family lawyers Brisbane can provide guidance on legal actions and remedies available under the Family Law Act. If you’re experiencing domestic violence in your de facto relationship, don’t hesitate to reach out to us for support.
Our Expertise in Family Law
Our commitment to providing expert legal support extends to all aspects of family law. Whether you’re in need of a family lawyer for matters related to divorce, child custody, or binding financial agreements, we have the knowledge and experience to help you navigate the legal landscape effectively.
If you’re looking for dedicated De Facto Relationships Lawyers in Brisbane who can protect your rights and ensure a fair resolution to your legal issues, contact us today. We’re here to assist you at every step of the way.
Brisbane De Facto Lawyers Providing guidance for separated or contemplating separation De Facto couple. At CG Legal, we specialise in legal matters related to de facto relationships. The evolving landscape of relationships and the shifting paradigms of family structures have necessitated amendments to the Family Law Act. Since March 1, 2009, de facto couples, which now include same-sex couples, enjoy the same entitlements as their married counterparts, encompassing property settlement, superannuation division, and spousal maintenance. Our Comprehensive Services Encompass:
- Determining your eligibility for classification as a de facto relationship, in accordance with the legal prerequisites.
- Conducting negotiations with the other party and drafting legally binding Binding Financial Agreements.
- Assisting in the preparation of essential documents for submission to the Federal Circuit and Family Court of Australia, including but not limited to parenting orders, affidavits, and witness statements.
- Offering representation in court proceedings to ensure your interests are safeguarded.
Navigating De Facto Relationship Legal Matters in Brisbane.
When it comes to handling the intricacies of de facto relationship matters, having a dedicated team of De Facto Relationships Lawyers Brisbane is essential. We specialise in offering comprehensive legal support tailored to the unique needs of unmarried couples. Our experienced lawyers understand the nuances of family law and provide expert guidance to ensure your rights are protected and that you receive a fair resolution.
Our Role as De Facto Lawyers in Brisbane
Property Division Expertise: Our De Facto Relationships Lawyers Brisbane have a deep understanding of property division in de facto relationships. We ensure that your contributions and entitlements are fairly recognised, providing you with confidence in the equitable distribution of shared assets and liabilities.
Parenting Arrangements: If you have children from your de facto relationship, our team excels in crafting parenting arrangements that prioritise the best interests of your child. We believe in creating stable and nurturing parenting plans that work for both parents and the child.
Financial Matters: Financial aspects of de facto relationships, such as spousal maintenance and financial support, are skillfully addressed by our lawyers. We provide legal advice and representation to ensure that your financial interests are protected.
De Facto Agreements: For those looking to establish legally binding de facto agreements outlining the division of assets, financial arrangements, and other crucial matters in the event of a separation, our De Facto Relationships Lawyers Brisbane can guide you through the process.
Legal Protection for All De Facto Couples
The Family Law Act ensures that all de facto couples, including same-sex couples, have the same legal entitlements as married couples when it comes to property settlement, superannuation splitting, and spousal maintenance. This legal protection extends to all de facto couples in Brisbane and across Australia.
De Facto Relationship Separation Rights.
When ending a de facto relationship, it’s crucial to promptly seek legal advice to understand your entitlements. There are important time constraints to consider, and delaying this step might result in forfeiting rights you would otherwise have had.
Entering a de facto relationship without formalising it through marriage doesn’t automatically shield your assets. Even if both parties operated under a ‘what’s mine is mine’ understanding during the relationship, you could still be at risk of relinquishing assets or hard-earned superannuation to your de facto partner.
If you and your partner mutually agree to keep your assets separate, it may be wise to contemplate the creation of a binding financial agreement. Such an agreement can serve as a protective measure in case circumstances turn unfavourable down the road. We can offer guidance on how to establish a binding financial agreement and provide practical advice on safeguarding yourself against potential future claims.
De Facto Relationships and Children.
In de facto relationships, parenting matters are approached with the same legal considerations as they are for married couples. The court’s primary focus is on the best interests of the children involved, making this a paramount consideration in any decision.
It is generally advisable to resolve parenting matters in an amicable, sensible, and mature manner with your former partner, just as you would in a marriage. However, it’s crucial to note that there are situations where concerns about domestic violence or child abuse may come into play. In such cases, seeking legal guidance and taking appropriate action to safeguard the well-being of the children is essential. The court is committed to ensuring the safety and welfare of the children in all family-related matters.
Frequently Asked Questions
A Binding Financial Agreement (referred to as a BFA or sometimes a prenuptial agreement when executed during a relationship) is a legal contract outlining the division of assets and potential spousal maintenance arrangements in the event of a separation. These agreements can be established at various points:
- Before marriage or entering a de facto relationship.
- While already married or in a de facto relationship.
- After separation but before the divorce is finalized.
- After the divorce or breakdown of a de facto relationship.
When a Binding Financial Agreement is created during a relationship, it specifies how financial matters should be handled if the relationship ends. These agreements, designed to preemptively address asset distribution in the event of a separation, are intricate and can become costly if not executed correctly. They are complex because they aim to safeguard not only the current assets but also future wealth. To achieve this, legal professionals must anticipate future financial circumstances, necessary clauses for asset protection, and the parties’ conditions at the end of the relationship. Therefore, creating a Binding Financial Agreement during a relationship is typically more expensive, as it intends to commit the parties to financial decisions in the future.
To ensure that your Binding Financial Agreement remains legally binding and can withstand challenges, it is crucial to update it regularly, reflecting the current assets and the financial and life situations of both parties, such as changes in employment or the addition of children.
When a Binding Financial Agreement is established after separation, it outlines the division of existing assets, liabilities, and superannuation. While it is more common and often preferable to use a consent order to legally formalize the division of assets after separation, there may be circumstances where a Binding Financial Agreement is more appropriate. It is advisable to consult with an experienced family and divorce lawyer to determine the best agreement for your situation.
If you have signed a Binding Financial Agreement during a relationship, it typically governs how your assets will be divided upon separation, and you may forfeit your right to dispute this division as specified in the Agreement. However, in limited situations, you may have the option to challenge the Binding Financial Agreement in the future and regain your ability to seek asset division under the Family Law Act 1975. Seek legal advice if you believe you have valid reasons to consider overturning your Binding Financial Agreement.
It has taken you years of hard work and effort to accumulate your assets.
It is important that when you enter a committed relationship, that is likely to be long term, that you take steps to protect your wealth and your assets.
You might consider entering into a (Pre-nuptial) Binding Financial Agreement when:
- You have more money and assets than your partner at the commencement of your relationship;
- You have children of a former relationship and you want to protect their interests in your assets in the event of separation;
- You may be entitled to a gift or an inheritance at a later date;
- You receive significant distributions from a Trust that you want to protect;
- You own / have an interest in a family business that you want to protect;
- You seek to agree in advance upon the division of your assets to avoid a dispute and the potential of court down the track.
Asset Protection: A Financial Agreement can safeguard your assets by legally formalising their division, preventing the other party from making future claims against them.
Customised Asset Division: It allows parties to agree on an asset division that doesn’t align with the “Just & Equitable” standard set by the Family Law, giving you the flexibility to deviate from what a court might determine as fair. This means you can agree to receive more or less than what you might be entitled to under the Family Law Act.
Stamp Duty Savings: You can avoid paying stamp duty, which would typically be applicable when transferring assets between parties in other situations.
Certainty and Reduced Stress: If you are in a relationship, a Financial Agreement allows you to pre-plan the division of assets, providing clarity and reducing stress in case the relationship breaks down. You’ll know in advance what will happen and who will receive what.
Asset Protection for the Majority Contributor: In cases where one party has contributed the majority of the assets, a Financial Agreement can provide some assurance that these assets will be protected from the other party in the future. While it can’t guarantee 100% asset protection, it is the most effective means of safeguarding your assets.
Estate Protection: It ensures that your estate is protected, ensuring that all the assets you own will be passed to your family as intended in your will and not taken by your former partner.
It’s important to note that most of these benefits can also be achieved by formalising asset division through a consent order, except for situations where you are still in a relationship and want to plan for a potential future separation. In the majority of cases, a consent order is recommended for asset division.
A Binding Financial Agreement does not require approval from a court, and it is not subject to scrutiny to ensure its fairness or equity. When a Binding Financial Agreement is established during a relationship, often referred to as a prenuptial agreement, it should be regularly updated if circumstances change to maintain its binding and enforceable status.
While a Binding Financial Agreement is the most effective means of pre-planning for separation and asset protection, it does not offer guarantees of protection in the event of a separation. Therefore, Binding Financial Agreements can become more costly if not executed correctly.
A Binding Financial Agreement is enforceable under the provisions of the Family Law Act, specifically section 90G for married couples and section 90UF for de facto couples, when the following conditions are met:
Agreement Signed: The Agreement must be signed by each of the parties involved.
Independent Legal Advice: Before signing the Agreement, each party must receive independent legal advice regarding the agreement’s implications on their rights and the advantages and disadvantages it offers.
Confirmation of Legal Advice: After signing the Agreement, each party must be provided with a signed statement from their respective lawyer confirming that they have received the necessary legal advice.
Exchange of Legal Advice Statements: The statements of legal advice for each party should be exchanged between the parties, often attached to the Agreement.
Not Terminated or Set Aside: The Agreement remains enforceable as long as it has not been terminated or set aside by a Court.
In cases where the parties have not yet separated or divorced, a separation declaration should be signed by one of the parties post-separation. This declaration serves as evidence that the parties have indeed separated and that there is no reasonable likelihood of cohabitation being resumed. Only after the separation declaration is signed will the terms of the Binding Financial Agreement be triggered, as specified in sections 90DA and 90UF of the Family Law Act.
It’s important to note that, similar to a consent order agreement, the Agreement must still be served on the superannuation fund to enable a superannuation split to take place.
