Not many people have a clear understanding of the family law process in Australia. When a couple decides to physically separate, there is also a need to separate the matrimonial assets. In order to do this, you must be able to identify your assets, liabilities, superannuation and financial resources.
Some spouses are not aware of the family finances and disclosure will need to occur.
Consent orders are orders that you and the other party agree on. You and the other party can apply for consent orders to be made without going to court. The court will grant the terms of orders if they are just and equitable.
If you are unable to reach an agreement – litigation commences when one party files an initiating application for property settlement.
In some circumstances, an application for spousal maintenance may be required if one party to the relationship is unable to support herself or himself. It may be that one party stayed home to raise the children and does not have the skills to obtain immediate employment upon separation. Until such time as the parties reach an agreement as to the division of matrimonial property, one spouse may not be able to access funds to enable that party to meet financial commitments in the short term.