Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

Property Settlement: What Is Fair? An overview of section 75 of the Australian Family Law Act

Property Settlement: What Is Fair? An overview of section 75 of the Australian Family Law Act

FromThe Divorce Course Podcast


Property Settlement: What Is Fair? An overview of section 75 of the Australian Family Law Act

FromThe Divorce Course Podcast

ratings:
Length:
39 minutes
Released:
Jan 16, 2024
Format:
Podcast episode

Description

Wondering how your property pool will be divided in your divorce and what future considerations impact your share?  Tune in to this enlightening episode where a distinguished family law specialist, backed by 35+ years of expertise in law, explains what the Family Law Act's Section 75a means in relation to property settlement percentages adjustments. Gain invaluable insights into the crucial factors that can sway your property split percentage. This episode is your overview look for those going through the process at the intricate landscape of property settlement. The Family Law Act 1975 - Section 75 is the cornerstone of this discussion, unravelling the complexities and helping to provide clarity on the considerations that shape your financial future post-divorce. Perfect for anyone navigating the nuances of property division in their divorce or defacto separation, this episode and additional podcast episodes are your go-to guide that can go hand in hand with your own lawyer to comprehend property settlement. Listen now to embark on the journey of informed decisions and financial empowerment! Disclaimer: This podcast provides general education and insights. Each individual's situation is unique, and listeners are encouraged to seek legal advice tailored to their specific circumstances. The content herein should not be relied upon as legal advice. Sign up here for our next free online webinar Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different. For Full Show Notes go to www.thedivorcecourse.com.au/blog Useful Resources: Click here to learn more about your DIY DIVORCE BLUEPRINT CLICK HERE TO GET YOUR FREE DISCLOSURE CHECKLIST GUIDE Click here for our free before you leave checklist  Click here for our free mediation checklist Don't miss out on  What are the future needs that should be considered in determining the percentage of the property split in divorce? How does age and state of health play a role in determining future needs and affecting the property pool percentage? Does the court consider mental health issues, such as post-traumatic stress disorder, in relation to future needs? What factors contribute to the disparity of income, earning capacity, property, and financial resources between parties? How does having the care of a child impact the property division in divorce? Is there a financial advantage to having 50/50 care of the children, and does it affect the property pool? How does the court adjust the property pool based on each party's commitments and expenses for self-support or child support? What responsibility does each party have to support another person, particularly an adult child with a disability? How does the court consider a party's eligibility for a pension or benefit in the property division? Who determines what constitutes a "reasonable standard of living," and how does it influence property pool adjustments in divorce? Is it common for financial agreements to overlook spousal maintenance? How does the court adjust property division based on various factors, such as child custody, income, and health? What considerations are made when tweaking percentages in property division based on future needs? In practical terms, how realistic is it to consider all these factors in property settlement? How does the court handle cases where both parties are of the same age, same health, with equal custody and property split? Is there ever a dismissal of factors in property division, and what conditions lead to such dismissals? How do parties defend themselves against fabricated claims to secure a larger property pool percentage? Is it worth going to trial for minor percentage adjustments in the property division, considering the associated costs? How often do people agree on adjustments without going to court, especially when the differences are minimal? When dealing wit
Released:
Jan 16, 2024
Format:
Podcast episode

Titles in the series (100)

This Mother and Daughter duo discuss and cover the legal stages and steps that you will face on your way to freedom through divorce. These are practical and real discussions with Lyn Galvin a family lawyer of 35 years experience and her daughter Laura a divorced mother of three. Laura helps turn her mother's lawyer jargon into something everyone will understand. Lyn shares all her tips and practical advice on separating. Through this podcast they aim to help you through your Australian divorce or de-facto separation to make it more cost effective and less stressful. instagram @thedivorcecourse