Personal injury

Property Settlement And Maintenance

Introduction

Property settlement and maintenance are crucial aspects of family law in Australia. It involves the legal division of assets and liabilities between parties following a separation or divorce. Wright Street Lawyers in Adelaide, South Australia, can provide client-focused guidance and representation in property settlement and maintenance matters.

Property Settlement

In a property settlement, parties must identify and value all assets and liabilities, including real estate, investments, superannuation, and debts. The goal is to achieve a fair and equitable division of property based on each party’s contributions and future needs.

Factors Considered in Property Settlement

Factors that the court may consider in property settlement include:

  • Direct financial contributions
  • Indirect financial contributions
  • Non-financial contributions
  • Future needs of each party

Property Settlement Process

The property settlement process involves negotiation, mediation, and if necessary, court proceedings. Wright Street Lawyers can assist you in reaching a settlement through negotiation or represent you in court to ensure your rights are protected.

Maintenance

Maintenance, also known as spousal support or alimony, may be payable to a party following a separation or divorce. The purpose of maintenance is to assist the financially weaker party to meet their living expenses and maintain their standard of living.

Types of Maintenance

There are two types of maintenance:

  • Spousal maintenance – payable to a former spouse
  • Child maintenance – payable for the benefit of children

Eligibility for Maintenance

The court considers various factors when determining eligibility for maintenance, such as the financial needs of the parties, the ability to pay, and the length of the relationship. Wright Street Lawyers can provide advice on your eligibility for maintenance and represent you in maintenance proceedings.

Frequently Asked Questions

Q: How is property divided in a divorce?

A: Property division in a divorce is based on a range of factors, including financial and non-financial contributions, future needs, and the length of the relationship.

Q: Can I apply for maintenance after a divorce?

A: Yes, you can apply for maintenance after a divorce if you meet the eligibility criteria set by the court.

Q: What happens if we can’t agree on property settlement?

A: If parties cannot agree on property settlement, the court may intervene and make a decision based on the circumstances of the case.

Contact Wright Street Lawyers

If you require assistance with property settlement or maintenance matters, contact Wright Street Lawyers in Adelaide, South Australia. Our experienced family law team can provide you with client-focused advice and representation tailored to your specific needs.

Call Wright Street Lawyers today for a consultation!

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