when marriage falls down, couples are encouraged to at least try to reach an orderly agreement on how they would split their assets and liabilities.
This process is also known as property settlement, wherein separating parties can negotiate on how they would distribute their properties, support each other, and support their children after they have separated.
When couples decide to settle their property privately, the court will leave the discretion on how to divide the assets and liabilities to the couples. However, if couples cannot orderly reach an agreement because of family violence, such that members of the family have been physically and mentally abused, the court will exercise its jurisdiction over the property matters of the family. The main goal is to reduce the potential risks that may arise in an event of family violence and protect the children from the negative effects of violence.
In helping couples settle their property relations, the court basically follows a four-step process. First, the court will establish an asset pool consisting of all things co-owned by the party like the house, lot, and car. The court will also make a list of their liabilities including debts, loans, and mortgages. Second, the court will assess the financial and parental contributions of both parties. Third, the court will evaluate the present and future needs of the members of the family. Lastly, the properties will be divided in a just and reasonable manner, such that the aggrieved party receives just share and reasonable compensation for the damages incurred from family violence.
Family violence can be a very stressful experience for the victims, the reason why they normally feel fearful and paranoid. In most cases, affected family members exhibit loss of confidence and focus. Thus, the court ensures protection and renders a decision favorable to the aggrieved party. If children are involved, the judge will uphold the presumption of the best interest of the child to which the decision would be based.
Couples who experienced family violence find it very difficult to come up with a peaceful agreement. In most circumstances of family violence, the aggrieved party will first have to establish that there was family violence so that the judge may issue an order favorable to the victims.
Family problems concerning property settlement and family violence can be thorough and deceiving. If you have some problems regarding family violence and property settlement, do not think twice on contacting our family lawyers. Family Lawyers Sunshine Coast ,Family lawyers Maroochydore, Family lawyers Gold Coast,
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.