Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
|
Set the scene of the Matrimonial Causes Act 1959
|
Generally husbands had the title of properties
The 'innocent spouse' tended to get a sizable chunk of property |
|
|
What current Act concerns De Jure Property
|
Family Law Act 1975 Commonwealth
|
|
|
What is property?
|
Homes owned by both or either spouse upon divorce, bought within or preceding the marriage
Gifts/inheritance Assets/goodwill derived from a business venture |
|
|
When can one apply for property settlement?
|
Only requires one spouse to apply
From Day 1 of separation to 12 months after the decree absolute |
|
|
How can property agreements be made?
|
Consensus registered in court: good method, quick, cheap
Counselling, conciliation Litigation *court action* Financial agreements followed if legally made, pre-nuptial agreements may be taken into account |
|
|
What are the Criteria or Principles for Property Settlement?
|
The Contributions Principle and the Future Needs Principle
|
|
|
BRIEFLY explain the Contributions principle
|
Indirect/Direct Contributions
|
|
|
Explain the future needs principle
|
Greater needs = more property
age, health, financial abilities, dependant children, maintenance, did one spouse gamble; then the other might get more! |
