Category: Divorce Advice

Splitting Assets Post Separation – How Does It Work?

Separating from a partner can be difficult on both a mental and an emotional level. However, separations usually involve more than just splitting up with your significant other – in many cases, you will have to figure out some method of splitting assets.

Employing a decent family lawyer is a good idea when it comes to dividing your assets post-separation. However, a lot of people don’t realise just how the asset division process works, and are therefore taken advantage of unknowingly.

With this in mind, we’ve put together a brief summary of how asset division post separation works. Remember, everything below is meant only as a guide – make sure that you speak to a decent lawyer before making any binding decisions.

Under What Circumstances Will Our Assets Have To Be Separated?

Generally, you and your former partner will have to come to some agreement about the separation of your assets when you’ve either been married or are considered to have been in a de facto relationship. The exact circumstances surrounding de facto relationships can be unclear, so it’s a good idea to seek clarification from your local family lawyer.

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5 Things To Consider When Divorcing A Foreign National

Divorces are usually complicated and emotional matters which can take significant amounts of time to deal with. Divorces involving foreign nationals can be even more complicated, especially if one of the partners doesn’t have Australian citizenship.

It’s always a good idea to discuss your options with a family lawyer when going through an international divorce. However, I’ve put together a short list of five things that you should absolutely consider before you divorce a foreign national – or indeed, if you’re a foreigner being divorced by an Australian citizen.

  1. Residency rights

If the spouse that you’re separating from doesn’t have Australian citizenship then you will need to consider their right to live and work in Australia. This is especially important if you have children together, because things can become very complicated when two parents are forced to live in different countries.

In this case, you might be best off speaking to an immigration lawyer to determine whether your former partner will retain their living rights following your divorce. In many cases they will – especially if children are involved – but it’s still important to ask the question.

  1. Your finances

This is relevant to any divorce, but particularly important when you’re separating from a foreigner. If your former partner is planning on returning to their home country then it’s important to make sure that your finances are in order before they leave, otherwise things can get very complicated.

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