A family law property settlement involves the division of assets, financial resources, and liabilities between a couple whose relationship has broken down. It legally finalises their financial affairs so each may move on with their respective financial lives. Property includes a range of assets and resources for example:
You do not have to be divorced to start making arrangements with your ex-partner to split your property, and most property settlements can be finalised without having to go to court. It is important however to note the time limits that apply for making a property or spousal maintenance application, namely:
There are very limited circumstances where the court may grant leave for an application to be made outside these time limits.
If you are already divorced and are considering making an application for property proceedings, you must do so within 12 months of the divorce orders becoming finalised.
Spousal maintenance is financial maintenance that one party from a former relationship provides to the other party to ensure appropriate financial support where the other party may have a lower income or earning capacity. It applies to both marriages and de facto relationships. Orders can be made on an urgent, interim, or final basis and can provide for payments to be made periodically (for example, fortnightly or monthly) or in a lump sum.
A spousal maintenance application requires careful preparation, and specific financial documents will be required as evidence. If you believe you may be eligible for spousal maintenance, we can assess your circumstances, and help you make an application.
We have lawyers with a thorough knowledge of and expertise in Islamic marriage law and procedures. We can assist you by preparing Mahr Agreements, resolving disputes about Mahr after separation, preparing Binding Financial Agreements and help with your Islamic Divorce to ensure a smooth finalisation.