Szabo & Associates News & Updates

In its simplest form, a property settlement is an agreement made when a married or de facto relationship comes to an end that sets out which party will get what with regard to the assets of the relationship.

In July 2020, the Australian Institute of Family Studies published its report Families Then & Now: Couple relationships. This report outlined some key trends regarding couple relationships in Australia. It pointed out that while the marriage rate has declined, the rate of cohabitation has increased. In 1986 6% of all couples were cohabiting, and this proportion has steadily increased across the census years to 12% in 2001 and to 18% in 2016. These relationships represent a significant and growing sector of the population and an increasing importance in family law. 

A legal or de-facto spouse may be able to claim spousal maintenance from their partner after separation. An applicant needs to demonstrate reasonable needs that they cannot afford but the other party can support. The maintenance, which is separate from the property settlement and child support payments, can be paid periodically or as a lump sum depending on the particular circumstances.

Before applying for a divorce, it is a legally necessary requirement that a couple are separated for at least 12 months. However, separation does not necessarily mean that living under the same roof is impossible. Being ‘separated under one roof’, as it is referred to, is possible if certain criteria are met.

Both parents of a child are normally presumed to have equal shared responsibility for their welfare. This includes deciding whether their child should be vaccinated against Covid-19.