Anthony Black Family Law

What time should the children spend with each parent?

Before you commit to any arrangement for the children you should seek legal advice. Any arrangements that are put in place may be difficult to change at a later date. Therefore it is important to try to reach agreement after careful consideration rather than being rushed into a generic outcome that other friends or family may have told you about. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.

What items are not “personal belongings”?

Household furniture or contents (such as tools, artwork, silverware) are not personal belongings, even if you received them as a gift. However, you can always recognise and agree with the other party when an item has sentimental value for that party to retain that item. Family photos represent community property to which both parties will have an interest. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.

Can I stay in my home?

If you are a joint owner of the home, then you are entitled to remain in the home unless there is a Court Order or agreement otherwise. If you intend to try to retain the home in the final property settlement it will be in your interest to remain in the home. However, this can become an untenable situation for everyone if the negotiations become protracted or Court proceedings are commenced. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.

Who pays the mortgage?

If you are a one-income family then the income-earner will usually be expected to continue to pay the Mortgage and other household bills pending a final settlement. However, this may reduce any Child Support they would otherwise be expected to pay you.

Do I have to pay child support?

If you have children together and you earn more than your spouse you may have to pay them an amount calculated by the Government (or as agreed between you) for Child Support. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.

Can we just make the account two to sign to prevent funds from being withdrawn?

If you make this account two to sign, then you will need to agree on all future releases of funds. This may result in delays and inconvenience so we recommend attempting to be clear about your future intentions before you or the other party make changes to your banking arrangements. We do not recommend withdrawing lump sum funds without taking legal advice before you make the decision to do so. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.

Can I remove my “personal belongings”? What are personal belongings?

These include your personal clothing, toiletries, cosmetics, pharmaceutical supplies and personal papers. You may retain any jewellery that you have purchased or received as a gift prior to or during the relationship. While most parties reach an agreement about retaining items of personal significance if there is a dispute about any items where there is an intrinsic value, these items may need to be valued.

Can either party withdraw money from a joint account?

You and the other party can continue to use a joint account to pay joint bills or other agreed expenses. Ideally, you should agree upon the expenses that can be paid from this account. There is no urgent need to change your usual banking arrangements unless you are concerned that the other party is going to withdraw the funds or not make funds available to meet your family’s financial needs. Visit our website to know more. https://abfls.com.au/family-law-services/planning-separation.

Can I sell my car or other assets in my name without the other party’s consent?

You should not dispose of or sell any items that you own at the time of the relationship breakdown in the absence of an agreement. If this is unavoidable then: You should not sell an asset you know the other person wants to retain in the final settlement. If you believe they cannot afford to retain it, take legal advice before you act. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.

What if I move out of the family home, can I take the furniture?

Your furniture and household contents represent an asset that is taken into account in the final property settlement distribution. Therefore, the value of any furniture and household contents that you remove will need to be taken into account. Ideally, you should take photographs of the existing contents and prepare a list of all items and a list of how you propose to distribute them. To know more, visit our website https://abfls.com.au/family-law-services/planning-separation.