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8 Cards in this Set
- Front
- Back
Set the scene of the Matrimonial Causes Act 1959
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Generally husbands had the title of properties
The 'innocent spouse' tended to get a sizable chunk of property |
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What current Act concerns De Jure Property
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Family Law Act 1975 Commonwealth
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What is property?
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Homes owned by both or either spouse upon divorce, bought within or preceding the marriage
Gifts/inheritance Assets/goodwill derived from a business venture |
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When can one apply for property settlement?
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Only requires one spouse to apply
From Day 1 of separation to 12 months after the decree absolute |
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How can property agreements be made?
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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 |
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What are the Criteria or Principles for Property Settlement?
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The Contributions Principle and the Future Needs Principle
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BRIEFLY explain the Contributions principle
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Indirect/Direct Contributions
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Explain the future needs principle
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Greater needs = more property
age, health, financial abilities, dependant children, maintenance, did one spouse gamble; then the other might get more! |