Getting a divorce in Australia is as much a financial consideration as it is a personal one. Under normal circumstances, the divorcing couple can agree on splitting the property amicably.
If you’re in a situation where no agreement works, you can bring in a lawyer. The appointed lawyer can then file a case on your behalf at a Family Court to mediate according to family laws.
Most often, divorce settlements divide up assets of both parties, and some depending on each person’s financial contributions in asset payment.
Other vital components in divorce alimony include child welfare, wealth, and spousal support if it applies.
Here’s what you can expect to get depending on your divorce settlement terms:
- Property Settlement
Once you’ve legally finalized your divorce, you can move to property settlement. This is the process where you formally decide and dispense who gets to keep what from the resources you collectively owned during your marriage.
So, from here, you might be wondering, ‘how much will I get from my divorce?’ This is usually calculated by a valuation process, which leads to a monetary amount. Australia has an equal distribution property settlement law after divorce.
This means all assets are divided equally in a 50-50 split. This is irrespective of the separating couple’s income and when they acquired the assets.
The items can be personal property such as cars and vehicles, homes, jewelry, pets, inheritance, home appliances, reward program points, and any shared savings in a single account.
These assets are then assessed to determine their cumulative value to create an overall sum of the combined assets, especially during relocation after divorce.
Once the valuation is complete, you can make deductions from a list of liabilities you both incurred as a couple. This can be in debt, loans, tax, default payments, unemployment compensation, and pension.
An estimated amount can be totaled and split in half when the deductions are complete. This amount is likely what you’ll get from your divorce.
The more possessions you have to split and the longer the marriage was with co-owning assets, the tricker the process can become. Couples undergoing a marriage breakup after a short-term union might only have a single property and interior belongings split.
On the opposite side, divorcing long-term couples most likely have incurred many items and liabilities that need distributing. This process becomes further compilated if they also have children.
- Child Support And Welfare
One of the essential aspects of divorce settlements is child support. The family court prioritizes and protects the safety and welfare of children with divorcing parents.
This takes a great deal of sensitivity to try and lessen the disruption of new living arrangements that divorce will have on the child or children’s lives.
In this case, most parents will have an agreed-upon child custody arrangement to co-parent the child. Spousal and child support should be part of the divorce settlement to maintain the child’s lifestyle and standard of living as much as possible.
This is why Equity splits are preferable; they help to ensure that you get a fair amount from your divorce to continue providing for your child.
Consider several factors if your primary concern is how much you’ll get regarding your child or children. Moving your child to a new area may require you to file a relocation order.
This will be the case if you or your ex-spouse plan on moving far from your current homes.
The family court judge will either deny or approve the relocation request depending on the child’s best interest.
They examine the impact of schooling interruptions, social development, and how integrated the child is in their present home and community.
Your child relocation case has a higher chance of success if you consult a lawyer to help you prove the new adjusted living situation is ideal for your child.
This can be reporting a new higher income, flexible working hours with the child, or moving closer to family support. The more benefits you can list, the more likely the judge will be on your side.
How much you’re likely to get from your divorce is dependent on several factors. These include evaluating all the shared property you have with your former spouse and subtracting everything you owe together.
According to Australian law, you will split this value in the middle, and one-half will be the total value you will get.
If you’re a divorcing parent, your child or children’s support will be a vital element taken into account. You can have a custody plan available which details how you will support your child financially and how much you’ll get to fulfill this obligation.
Furthermore, moving your child far from their location could first request an approved relocation order. These conditions are guidelines to determine what you expect from your divorce alimony.