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Legal Forums » Compensation » Property Division on Separating
Started Dec 10 2012, 08:06
Posts: 1473 |
Dec 10 2012, 08:06
Property Division on Separating
The Relationships Act applies to relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis. This means that the law applies to same sex couples and other situations that were previously not recognised.
To be entitled to make a claim for property settlement:
• the relationship must have existed for at least a total of 2 years,
• there is a child of the domestic partners,
• there would serious injustice if no order was made bearing in mind a party's substantial financial or non-financial contributions or their role as a homemaker or parent or,
• the relationship has been registered..
If you separated after then Family Law Act applies. Under that law there can be spousal maintenance orders and the superannuation can be split.
If you separated prior to 1st March 2009, then your property settlement is determined by the Victorian Relationships Act. There is no provision for spousal eminence. Although superannuation cannot be split, the Court can take into account in dividing up other assets that one party may have more superannuation than the other.
The Court seeks to divide the property in a way that is "just and equitable" and has a number of factors to take into account.
Tasha
Contract ID#12357250
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