Today on the Divorce Collective podcast, we extend on from last week's podcast about whether you needed to attend court or not while in the divorce process. 

This week, Caralee answers the question, “Can I still apply for a divorce if I cannot locate my ex-partner?” If this is the case, it does make it a little more difficult; however, fear not! There are ways around this.

It is possible to apply for a divorce without knowing the location of your ex-partner. Once you have filed your sole application for divorce, you are required to serve a sealed copy (hard copy) of the divorce to your ex-partner in person. A process server often does this (we have an entire episode on what a process server is here.) 

If you cannot locate your ex-partner, you can make an application to the court for what is called substituted service or a dispensation of service, as long as you can show the court you have made many attempts to contact your ex-partner. 

If you are successful in your application for substituted service, you will be able to introduce a third party that will bring the attention to your ex-spouse as to the divorce. In minimal cases, the court will grant dispensation of service if you have taken all steps to serve, document, or bring it to the notice of your ex-partner.

Listen to the podcast to find out how you can apply or book your free consultation with us to find out more! 

We serve all clients all over Australia and can arrange for a Zoom or in-person consultation! 

Call us to book on 5574 0971 or visit our website at www.collectivefamilylaw.com.au

This week on the Divorce Collective Podcast, Caralee answers the frequent question: Do I need to go to court to apply for divorce? 

It is important to remember that the divorce itself is administration and does not help you with property division or parenting arrangements. In addition, there are many more essential components to separating amicably and moving forward with your life other than filing for divorce. 

You do not need to file for divorce to sort out your property and parenting arrangements, this can be done as soon as practical after separation. Where as to file for divorce you have to be separated for a minimum of 12-months. 

You do not necessarily have to go to court when filing for divorce. However, this does depend on your circumstances! There are two ways to file for divorce: joint or sole applications. 

To find out which application may best suit you and your circumstance, please listen to the full podcast or book a consultation with us!

Here at Collective Family Law, we offer a one-hour free initial consultation with one of our family lawyers. Unlike many law firms, we will let you know if you don’t need a lawyer because in a lot of divorce matters - you don’t! There are many methods two parties can take before retaining a lawyer. 

Welcome to another episode of the Divorce Collective! 

Today, Caralee Fontenele dives into why you shouldn’t overlook superannuation in the asset pool when going through your property settlement. 

Superannuation is often a significant asset of the property pool for many couples outside the family home, and at times superannuation can be the most significant asset that couples have. 

When pirates separate, it can often be overlooked as it is locked away, and it can appear not to be a tangible asset. This could not be further from the truth.

It can be a huge mistake and disadvantage to overlook splitting super, so ensure that you remember to consider this when entering your property. 

Often women have a lot less super than men. Women have approximately 37% less super than men due to the inequalities in pay, and unpaid caring roles, such as raising children, which can affect a superannuation split. 

In any event of separation, a ‘super split’ can be considered - however; there are some rules need to be followed when it comes to compliance around superannuation. 

At Collective Family Law we often assist people in negotiating a superannuation split. To learn more, listen to the podcast!

If you want to gain advice on your family law matter, we offer a one-hour free Initial Consultation. This can be via Zoom from anywhere in Australia. If you want to arrange your appointment, you can click here or call 5574 0971. 

This week on the Divorce Collective, we have Caralee Fontenele explaining how you can get a Stamp duty exemption when you go through a separation and want to transfer jointly held property into one of the parties names. 

When you have real estate that makes up a portion of your property pool and the property is held in both parties names, there are two options when it comes to working out your property settlement. You can either sell the property, or one of the parties retains the property. 

If one of the parties decides to retain the property, that party will have to seek advice for a mortgage broker or their bank to see if they can borrow the funds to be able to re-finance. There is often a misconception that you can just switch the name of who owns the property and take their name off the existing mortgage - this isn’t the case; you will need new finance and discharge the existing loan.

To find out exactly how the stamp duty can be waived, listen to the podcast! 

Listen to the full podcast here!

Today on the podcast, Director Caralee Fontenele will be speaking about what happens in the event that either parties have lent the couple funds to purchase a property. Do the parents get paid back? 

The Australian Financial Review found that “Mum and dad are the ninth-largest lender of loans in Australia!” 

The Family Court has a wide range of powers when determining the financial matters between married parties. The crucial distinction between monies loaned or monies gifted is what is explored. The answer to the question can range regarding the consequences of these loans or gifts and how these monies will be treated in the Property Settlement. 

If parents of adult children want to gift money, that is fine, but they have to understand that it is a gift to the couple - not the individual child. 

If parents want to loan money to the couple, they can do a few things to protect their loan in the circumstances of a relationship breakdown. 

These may be: 

1. Draft a loan agreement; 

2. Draft a BFA;

Without these documents, it can be tricky, although having an email trail, monthly payments, any source of proof that this was indeed a loan will assist you in ensuring you see the loan returned.  

Listen to the full podcast here!

If you want to gain advice on your family law matter, we offer a one-hour free Initial Consultation. This can be via Zoom from anywhere in Australia. If you would like to arrange your appointment, you can click here or call 5574 0971. 

This week in our Best Of Series, we have one of our top-rated episodes - 'How To Choose Lawyer?'

If you identify that you need a lawyer, the next question is which one do you choose? This can be daunting because it is likely foreign to be in a position where you need to retain a lawyer. You also have to make crucial decisions on your own, maybe for the first time in a long time.

It is natural to have concerns around which lawyer to retain, what the fees will likely be and whether they will give you the best advice possible. Listen to our tips on how you should choose the right family lawyer for you and your situation. 

Listen up as Caralee dives into the reasons you should consider before retaining a lawyer for your matter. 

To find out more, visit collectivefamilylaw.com.au

Today on the podcast, Caralee Fontenele guides you through the ten steps to negotiate a property settlement without a lawyer. 

Did you know it is possible to settle a family law matter without retaining a solicitor? Whether you want to engage a lawyer or not for your family law matter, it is important to attempt to open up the lines of communication between you and your spouse so that you can start to negotiate an outcome to resolve any family law disputes. Of course, not everyone can do this successfully - if they could, family lawyers would be out of business! Many people cannot resolve their family law matters without the help of a lawyer, but if you follow these tips, you may be one of the fortunate ones. 

Every person going through separation and divorce hopes to negotiate a fair and equitable settlement without engaging lawyers. However, suppose you are successful in your negotiations. In that case, it is our advice always to get a family lawyer to draft orders for you at the end to finalise your matter correctly. 

Today, we have ten steps to assist you in negotiating your property settlement without a lawyer: 

1. Write down your assets and liabilities at the time you and your partner commenced your relationship;

2. Write down a list of all the assets you have now, no matter whose name they are in; 

3. Write down all the liabilities you have now as well; everything needs to be listed; 

4. Calculate your NET amount to determine what the property pool is; 

5. Ask your partner for any documents that you are unsure of. I.e., superannuation statements, etc. 

6. Try to reach a fair agreement for who will retain each property; 

7. Understand the differences and disparity to find the parts you agree/disagree on; 

8. Set time boundaries around negotiations; 

9. Reach a middle ground & attempt to finalise agreements; 

10. Go to a solicitor and get consent orders or a BFA drafted! 

To listen to the in-detail explanations of each step, listen to the full podcast! 

We are here to help - Zoom or in-office; we service clients all around Australia and offer a 1-hour free consultation! Call us on 5574 0971, or click here to find a time that suits you. 

Today on the Divorce Collective podcast, Caralee Fontenele answers the question: 

If you are going to move in with your partner, should you be getting a prenup? Also, what is a prenup? 

To put it simply, if you want to protect your assets in the case that in the future your relationship breaks down - yes, you should consider a prenuptial agreement. 

A prenuptial agreement technically is a Binding Financial Agreement (BFA). A BFA can be drafted before, during, or after the relationship. 

The Family Law Act provides that a couple is considered de facto once parties have lived together for 24 months or more. De facto is deemed to be the same laws to property rights as married couples. Therefore, you don’t have to be married for your partner to claim your assets, nor have they had to have made any contributions to your assets.

If you have greater assets than your partner, it is important that you seek legal advice about getting a prenuptial agreement (BFA) drafted to protect your assets in the case that your relationship breaks down. 

Essentially, a prenuptial agreement is a document that a family lawyer drafts for you, and it contracts you out of the Family Law Act (as stated above.) The other party must obtain independent legal advice for the BFA to be binding. 

They are a complex document, however, they can be well worth the effort and investment in case your relationship comes to an end at some point in the future. 

If you are interested in discussing a potential Binding Financial Agreement, come in and see one of our family lawyers. We offer a 1-hour free consultation to ensure you understand and gain clarity on your situation. Call us on 5574 0971 to arrange your in-office or Zoom consultation!