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Can Superannuation be split between same sex couples?

Altering the legal status of same sex couples on par with married couples is a long-standing demand from the LGBTI community and the human rights activists. Socially, the scene is no more an alien thought. As per the law, same sex couples are treated to be in de facto relationship extending almost all rights as in marriage relation. Adoption rights too are given to same sex couples in all the states except Northern Territory of Australia. According to laws governing superannuation fund, any spouse / partner can claim share in the superannuation as a part of settlement in case of separation or divorce...

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How to Find a Family Lawyer?

Family lawyers can be sought to help you with your divorce process, property settlement, child care, family violence, juvenile matters, spousal maintenance, preparing prenuptial agreements etc. You can seek their expert services in any family law disputes. You can ask your family and friends to refer you a competent family law specialist in Melbourne, research yourself about a good family lawyer in your area, visit their website and check their expertise area. Alternately, you can call Family Relationships Advice Line (1800 050 321) for free legal information and advice. There are so many family law firms in Melbourne, but how to decide...

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Property Settlement Process in Melbourne

Either you are applying in the family court or entering a binding financial agreement, you have to plan these four steps for property settlement: Create and list marriage asset pool It includes all the property and debts brought in before marriage and acquired during marriage and separation. Those financial resources which are directly or indirectly controlled by either or both the partners should also be included in the asset pool for valuation. Assets are: real estate, family home, money, investments, superannuation, share-holdings, vehicles, furniture, inheritances, jewelry, profits from trust/business enterprise etc. Debts (money owed too is considered in asset pool) are: loans, mortgages,...

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Who Is Entitled To Superannuation?

Superannuation is a compulsory pension plan introduced by Australian federal government and managed by superannuation fund trust. To be eligible for superannuation, You should be over 18 years Your monthly salary should be equal to or more than $450 (before tax) You are working part / full time or on casual basis Even if you are temporary resident of Australia, you are entitled for superannuation, unless your contract of employment states otherwise. Your employer must contribute 9.5% of your salary to your superannuation savings account if you are eligible. The funds from superannuation account cannot be withdrawn until you reach 60-65 years of...

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Why Mediation Can Be Better Than Going to Court?

Family dispute resolution services are also called as Mediation. It is an option for out of court settlements. An independent mediator facilitates the discussion between warring partners. Privacy and confidentiality are the key characteristics of mediation service. The mediator listens to both the parties in private and sometimes together to discuss the options. Mediation can be sought in issues like property settlement, superannuation splitting, child care and support, spousal maintenance etc. Many a times mediation helps in amicable resolution of disputes without having to go to court. Why mediation? Here are the advantages: Control: Both the spouses can raise their concern and...

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Family Law De Facto Property Settlement Melbourne

The new Commonwealth Law for de facto partners applies to couple separated after 1st March 2009 and enforced from 1st July 2010. This pathbreaking law puts domestic issues faced by de facto partners like separation, property sharing, spousal maintenance, child care into Family Law Act of 1975. This law gives equal rights to de facto relationships as legally married couple in Australia. Under this law, the de facto partners can approach Federal Circuit Court and Family Courts of Australia for above-mentioned redressals. As per the law, the following eligibility criteria must be met before making claim for spousal maintenance and property...

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How Long Does a Divorce Take in Melbourne?

Mutual divorce application / Joint application The overall divorce process from application to final should take around 10-12 weeks i.e., 2.5 month – 3 months in Melbourne, if your divorce case is straight forward, where: Both parties consent to the divorce Both parties are residing in Australia You have been separated for 12 months 1 day You have no children or if there are any under 18, you have taken adequate care for their support You are married for at least 2 years. Once the divorce application is ready, both the partners should sign the copies of the application and...

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Who Gets What in a Divorce Settlement? (Division of Assets in Divorce)

Sharing of assets is an important aspect while a couple is separating. It is very complicated calculation and tedious process. You can start working on asset sharing arrangements while being separated or even if you are contemplating separation from your partner. Below are some of the cases throwing light on how assets are treated and divided among partners/spouses. The division of assets in divorce will not be shared in 50:50 ratio. The reason being the Family Court in Melbourne must consider many factors like contribution, health, age, earning capacity of everyone, child care, medical conditions and treatments et al. to decide on...

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Top 10 Family Lawyers in Melbourne

Here is the list of top 10 family lawyers in Melbourne, you can approach in case you are thinking of separation and divorce or other family issues: Coote Family Lawyers Found in 2002 by Gillion Coote it is the leading family law firm with extraordinary focus on personal touch in family law matters. Gillion is an Accredited Family Law Specialist. The firm exclusively work in family law area and has all the expertise it takes to help you. Coote Family Law firm has also received Doyles Guide – Best Family Law firm award for the year 2016. Taussig Cherrie Fildes The expertise...

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When Can I Get My Superannuation Out?

By norm you need to reach your preservation age, to claim your superannuation amount. When you reach preservation age and retire. When you reach your preservation age and plan for your retirement while still working. When you reach 65 years of age whether you have retired or not. When you are 60 years of age and have stopped working in employment set up. But there are some circumstances allowed by law to get your superannuation early. You are required to directly apply for the release of superannuation funds if you meet any of these criteria: Leaving Australia forever Long term...

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