Family Law -PropertyOrders Final
Whenever the Family Court of Australia is making “Property Orders” concerning your marital property, you want to present evidence that
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(a) identifies all the property of the parties in either or joint names,
(b) values each item of property,
(c) shows that you made financial or non-financial contributions to the acquisition, improvement and preservation of the property,
(d) and shows that you have future needs which imply that the property should be divided in your favour. See section 75, 78 and 79 of the Family Law Act.
DocDownload publishes some proposed Orders which might be useful to litigants in Family Court. Use the Court forms which are available on the Family Court’s website. Write into Form 1 the Property orders you are seeking. Complete this form, file it in the closest Family Court or Federal Magistrates Court registry, and serve it personally upon the Respondent.
In preparing the Orders you are seeking, you should identify to yourself all marital property which is available for division, and you should calculate its total value. Then you should examine your own proposed orders – which in effect say how the property should be divided between the parties -- and add up the total value of property then retained by each party. Is it 50%-50%, or is it 60%-40%? Do your proposed orders result in your proposed “bottom line”?
Superannuation interests may be divided, but this is particularly difficult because (a) regardless of the order you seek, the superannuation fund must be asked for its consent, and (b) in any event, the fund will not normally release funds until the beneficiary is of eligible age (usually 65). Therefore these orders do not deal with superannuation, except to leave it where it is.
If necessary proposed Parenting/Children’s orders can be claimed in the same Application as Property Orders.
These Orders published by DocDownload won’t be applicable in every case. They certainly won’t be applicable to your case unless you rewrite them to suit your particular property and proposed division. Ensure that all property, land, investments, financial institutions, and personal items are properly named and described.