Chancellor & McCoy  FCCA 53 (25 January 2016)
This matter was heard by Judge Turner in the Brisbane Registry of the Federal Circuit Court of Australia. This is a very interesting case where the court delivered a very clear and concise judgement in relation to when and how the court can make an order for a de facto property settlement.
With the excitement of the silly season over, the dreaded January blues having passed, it’s time to turn our attention to February, the month of romance. If you’ve been struck by cupid’s arrow, Valentine’s Day can be an important day for you and your loved one.
Family lawyers often call January “Divorce Month” as the rate of people needing advice on separation, parenting arrangements and the division of property is far greater to that of other months. At Tiyce & Lawyers we are certainly noticing the increase in new client enquiries.
The reasons vary:
Many couples in same-sex relationships have little understanding of their rights to assets or income should they separate. Some people assume:
- they did not have any rights whereas in fact they did;
- they had to pay their ex-partner money after separation whereas in fact they did not have to;
- the whole issue of property settlements is only for ‘married people’.
Below is a general overview of property rights for same-sex couples in the event of separation.