FAQs Archive - Galloway Family Law | Maitland, Hunter Valley

Q: My (ex) partner and I are separating and we have a home which we are hoping the loan can be transferred to one of us and the other receives a sum. What do I need for the bank and what is the process?

Firstly, you and your (ex) partner would need to arrange a property settlement, in terms of orders by consent, or a Financial Agreement. This is the document that the bank needs to see, to show them that you have binding and enforceable terms relating to the transfer of title and payment of money, and also so they can see that you will qualify for the exemption of stamp duty. It is not a 'letter from a lawyer', but documents that both parties have signed off on, and made in final and binding terms. The stamp duty exemption on transfers of property between separated couples only applies if there is evidence of family court orders made, or a Financial Agreement entered into between the parties. Secondly, you take the finalised consent orders or Financial Agreement to the bank, and arrange for the settlement of the transfer of title and payment in exchange. That part is basically a conveyancing process, just as if you were selling a house, except that the parties are you and your ex partner, and the 'contract' is the family law agreement reached between you. To start the process, we suggest you start with an consultation where we can review the details of your settlement, and explain these procedures in more detail. Then we are able to advise you about the costs and steps involved in drawing up terms of settlement, which would be sent to your ex partner, for them to review with their own solicitor. If agreed, they then would then have to sign the terms and return them for you to sign.

Q: What is child support and how is it calculated?

By law, both parents are required to support their child financially. In some cases this may involve one parent paying a child support payment to the other, to help with the costs of raising a child. Child support laws in Australia allow for children with separated parents to be covered by the Child Support scheme, administered by the Child Support Agency. The scheme uses a formula, based on the income of both parents, the costs of raising children, the number of dependent children that each parent has, the number of children covered by the assessment, and the proportion of care that each parent provides for the children.

Q: How does the court decide where children will live?

Parenting laws state that the welfare of the child is of paramount importance. If both parties cannot agree, a Judge will make a decision after considering all the relevant factors. In some cases the Court can require that the children be separately represented by their own solicitor. In most cases, even after a court case has commenced, parents will reach consent and finalise the case by way of consent orders. This will often occur based on recommendations of court experts, including family consultants following the issue of a report or memorandum. In those cases, the court will still consider if the proposed consent orders are in the child’s interests, but will usually make the orders sought by consent. Orders made by consent are legally binding and enforceable, just as if the case had been decided by a Judge following a defended hearing.

Q: What happens if one party tries to take the child away?

If there is a fear that one party may remove the child from the other, or if the child has actually been removed, an urgent kind of parenting order (called a ‘recovery order’) can be obtained from the Court to prevent the child from being taken away, to have the child returned or to locate the child. This is important if there is a possibility that the child may be taken overseas. At Galloway Family Law we are highly skilled and can respond quickly in these situations, due to our familiarity and specialization in these court procedures.

Q: What should I do now that we are separated?

You do not have to take any specific legal steps. However, we find that people find reassurance by discussing their concerns with a solicitor, to learn about options for settlement and ways through the typical issues that arise on separation. You are in a better position to make decisions and to keep conflict under control, if you understand your rights, obligations and entitlements.

My (ex) partner and I are separating and we have a home which we are hoping the loan can be transferred to one of us and the other receives a sum. What do I need for the bank and what is the process?

Firstly, you and your (ex) partner would need to arrange [...]

By GO Creative Support|2019-05-22T13:17:41+10:00May 22nd, 2019|Comments Off

Can parents make their own child support arrangements?

Parents can make their own arrangements, either informally, or [...]

By GO Creative Support|2018-02-07T02:28:52+11:00November 21st, 2017|0 Comments

Can child support payments be disputed?

There are a number of steps that can be taken [...]

By GO Creative Support|2018-02-07T02:30:09+11:00November 21st, 2017|0 Comments

What is child support and how is it calculated?

By law, both parents are required to support their child [...]

By GO Creative Support|2018-02-07T02:30:04+11:00November 21st, 2017|0 Comments

How does the court decide where children will live?

Parenting laws state that the welfare of the child is [...]

By GO Creative Support|2018-02-07T02:29:59+11:00November 21st, 2017|0 Comments

What role does the court play in making decisions about children?

Under the Family Law Act 1975, both parents automatically have [...]

By GO Creative Support|2018-02-07T02:29:55+11:00November 21st, 2017|0 Comments

What happens if one party tries to take the child away?

If there is a fear that one party may remove [...]

By GO Creative Support|2018-02-07T02:29:46+11:00November 21st, 2017|0 Comments

What should I do now that we are separated?

You do not have to take any specific legal steps. [...]

By GO Creative Support|2018-02-07T02:29:41+11:00November 21st, 2017|0 Comments

Does Galloway Family Law do Legal Aid?

While the Principal Solicitor, Lee Galloway, has an extensive background [...]

By GO Creative Support|2018-02-07T02:29:31+11:00November 21st, 2017|0 Comments

What range of property settlement am I entitled to?

Each case is different and is determined by its own [...]

By GO Creative Support|2018-02-07T02:29:26+11:00November 21st, 2017|0 Comments