Separation and Divorce for Retirees
31 July 2018
Retired Baby Boomers are separating and divorcing late in life. We are seeing more people getting to a point where they cannot put up with living with their long-standing spouse or partner any longer! Whilst life was good when one or both were working and bringing up the children, spending a lot more time together in retirement apparently can test even the most solid relationship!
Many Baby Boomers aged 60-plus have had a dream financial run:
They bought family homes for bargain prices when they were young
The value of those family homes has been rising exponentially
They got their tertiary education for free (no HECS or HELP debts)
They are reaping the benefits of compulsory superannuation
They have received an inheritance on the death of their frugal parents
When one of these couples separate, the dream run may come to an abrupt end. Whilst two people living together may be able to afford the luxury of living in a spacious comfortable home (which may also accommodate their children and grandchildren), that may well not be possible after a Family Law Property settlement as the family home may need to be sold to enable each party to receive his/her entitlement to a property settlement. It often happens that one member of the couple may be oblivious to the other’s wish to end the marriage and this can have an emotionally devastating impact.
Apart from dividing up the real estate, any other investments (including Superannuation) must also be divided. This will have an impact on how much income a person receives after separation.
Also, just to add to the complexity of the situation, one (or both) members of the couple may have health problems. For example, if a person has health issues and needs care (previously provided by a spouse/partner) that is a factor which would be given significant weight in determining any appropriate property settlement. However, if the sick person’s life-expectancy was minimal and the healthy person’s life-expectancy was high, then the weighting could well be reversed to favour the healthy person.
Each situation is unique and it is essential to obtain the best Family Law legal advice available. Telephone Melbourne Family Lawyers on +613 9670 9677 or click on the blue Make An Enquiry button on this page.
Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?
12 April 2018 -
If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other.
Can I apply for a Divorce if I am no longer living in Australia?
5 October 2016 -
Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances.
The Best Family Law Advice from Melbourne Family Lawyers
20 July 2015 -
At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve.
When should I apply for a Divorce?
22 April 2015 -
A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year.
Beware of Family Lawyers offering Free Initial Consultations
26 November 2014 -
Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that?
Why Mediation can be better than going to Court
25 August 2014 -
Mediation (also referred to as Family Dispute Resolution) is a process (outside of the Court Litigation process) in which an independent Mediator helps people affected by separation or divorce to resolve some or all of their disputes with each other. It is one of the ways in which an “out of court settlement” can be achieved even in difficult, complex or emotionally charged cases.
What to Expect from a Family Lawyer
8 November 2013 -
A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following.
Which Family Law Court in Melbourne?
8 April 2013 -
Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
How long does it take to get a Divorce in Melbourne?
1 April 2013 -
Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne. There are certain requirements before you are legally allowed to file your Divorce Application, these are:
Can I apply for a Divorce in Australia if I was married overseas?
1 February 2013 -
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply:
Talk to us now for advice about your situation by phoning (+61) 03 9670 9677