When completing financial agreements after the failure of a marriage or factual relationship, the parties should seek legal advice. This should relate not only to fair regulation, but also to how best to apply the conditions of comparison. It is possible to get a divorce, even if you and your spouse have lived in the same house for part or for the entire 12-month separation period. You must provide the court with additional information and documents. You should get legal advice from Legal Aid NSW, a Community Legal Center or LawAccess NSW. To terminate or amend financial agreements, you must prove that, in certain circumstances, it is possible to delay such changes. You should seek legal advice on this process before you begin. When orders are proposed, the family court requires the parties to disclose to each other all financial information, including documents that may be relevant to the case. If this is not the case, there may be a miscarriage of justice that may justify the possibility that orders will be overturned by a court. If you are a common-law couple (including same-sex couple) who separated after March 1, 2009, you can apply for a property plan and/or alimony under the Family Law Act. If you were not married and broke up before that date, seek legal advice. Sections 90B-90 C of the Family Law Act 1975 deal with financial agreements between the parties to a marriage. Article 90UA-90UN applies to financial agreements entered into by de facto couples.
The Act provides for de facto financial agreements between couples only if, at the time of the conclusion of the agreement, the parties to the relationship had their habitual residence in New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory, the Northern Territory or Norfolk Island. You can apply to the Family Court or the Federal Circuit Court for financial orders. For more information, see “If you disagree on real estate and finance.” You can make an informal agreement, written or not, on how you divide your property, but this is not recommended as it is not legally binding (enforceable) by a court. You can make a legally binding agreement by having the court translated into approval decisions or by entering into a financial agreement according to certain rules. Some people decide on their finances and take them back into a binding financial agreement. You can at any time enter into a binding financial agreement – before, during or after the end of a relationship. Such an agreement can provide details on how the property or financial resources will be managed in the event of a future collapse. In particular, the agreement can cover who receives what when it comes to the property you have individually and as a couple, whether one of you needs to receive ongoing support from the other, and how your superannuation can be distributed. We cannot provide legal advice or assistance in the design of financial contracts. You must be advised privately.
You should seek legal advice if you are thinking about the most appropriate approach for you. In certain circumstances, it is appropriate for other persons or undertakings to be parties to court decisions. . . .
