When going through a divorce and dividing assets, there's an essential factor that many people overlook or have no idea about: future needs. In this episode, we discuss what "future needs" mean in family law in Australia, how they are considered by the court, and how they can significantly affect the division of property. From your health and age to your earning capacity and children’s future, understanding these factors is crucial for a fair property settlement. We also touch on the future needs factors outlined in Section 75(2) of the Family Law Act and discuss how to navigate property settlements both inside and outside of court based on the four divorce personalities, high conflict, manipulative and controlling (narcissistic types), amicable and avoidant.
Listen to This Episode If You:
🌟 Are in the process of a property settlement and need to understand what "future needs" mean.
❓ Want to explore how the court factors in age, health, earning capacity, and other personal circumstances.
💡 Are looking to understand how future needs affect property division in both marriages and de facto relationships.
🛡 Want to learn how to protect your interests in property settlements, especially if you have children or a lower income.
📚 Are curious about the impact of future needs when dividing property amicably or through mediation.
Key Ideas Discussed in This Episode:
What Are Future Needs?: Explanation of how the court considers future needs when dividing property.
Section 75(2) Factors: A breakdown of the 17 key factors listed in this section of the Family Law Act.
Health and Age: How your current health or age could influence your property settlement.
Earning Capacity: What happens if one partner earns significantly more or has greater financial resources.
Children and Their Needs: How the care of children under 18 can affect property division.
Impact of the Length of Marriage: How a long marriage can affect property division, especially if one spouse’s career supported the other.
Practical Tips for negotiating these factors amicably, as well as what happens if the case ends up in court.
Links & Resources Mentioned in the Podcast:
Related Episodes: -
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https://link.chtbl.com/DivorceEpisode139 (Splitting Silver Hairs : A guide to grey divorce)
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https://link.chtbl.com/divorcepodcastfiftyeight (When an Amicable Divorce goes wrong and what you can do about it in your Property Settlement and Parenting Agreement)
-
https://link.chtbl.com/DivorceEpisode124 (Gold Diggers in Divorce: Strategies TO PROTECT YOUR ASSETS FROM A NON CONTRIBUTING EX)
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https://link.chtbl.com/DivorceEpisode125 (when you mediation goes wrong and what to do next in your divorce, custody or property negotiations)
- Other Resources:
- THE DIVORCE COURSE www.thedivorcecourse.com.au/enrol
- Emergency Contacts:
- WOMEN'S SHELTER SERVICE
- LEGAL AID
- Lifeline: 13 11 14
- Mensline Australia: 1300 789 978
- Kids Help Line: 1800 551 800
- Aboriginal Family Domestic Violence Hotline: 1800 019 123
- Relationships Australia
- Police: 000
- DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)
- DV Connect Mensline: 1800 600 636
- National DV line: 1800 737 732 (1800 RESPECT)
Thank you for tuning in to this informative episode on future needs in property settlements. Whether you’re navigating these factors in mediation or preparing for court, understanding the role of future needs is crucial to achieving a just and equitable outcome. If you found this episode helpful, please rate, review, and subscribe. Your support helps others find the guidance they need. Stay strong and take care.
Disclaimer: This podcast episode provides general legal education for Australians and is not a substitute for legal advice. Every situation is different, and it is important to seek independent legal advice tailored to your specific circumstances.
