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Separation and Divorce Relationship Issues

Burning Question: Family and Wills - The Separated Saver who wants to Protect her daughters Inheritance.

My daughter has had relationship issues with her husband for a couple of years and they now live separately but still under the same roof. They have one daughter. My daughter is a saver and has paid off the mortgage on their house. Her husband is a spender who always runs up debt on his credit card, paying huge interest rates. My daughter is concerned that if anything happens to her, her husband will have her half share of the house as well as his own. She has no confidence that he will look out for their daughter. Read more


Should my family lawyer finalise my financial agreement?

One of our customers contacted us this week, enquiring as to whether his long-term local lawyer, who had acted on behalf of himself and his wife for many years, could prepare and finalise his Financial Agreement. The difficulty with appointing your family's long-standing lawyer to finalise your agreement is that the same lawyer cannot act for both yourself and your partner. This can raise all sorts of issues for the couple and the agreement. Read more

Burning Question - Inheritance and Property Settlement.

"I inherited some money from my father and a friend separately and some years apart. I subsequently bought a flat (apartment) for roughly to the same value as both inheritance monies combined. I am now divorced and about to go through the legal process to sort out the assets as both parties cannot agree on a settlement arrangement. Are those inheritance monies considered part of my asset pool from which my ex-wife has a claim?" Read more


Do I need to pay Spousal Maintenance?

A couple has an obligation to maintain each other, even after their relationship breaks down. The likelihood of spousal maintenance being paid, and the extent of the payments, will vary depending on various factors – firstly, whether one party can actually afford to support the other, and to what extent. Read more

Fraud and Undue Influence

Fraud and undue influence are two factors that may negate a person's otherwise valid consent to a Binding Financial Agreement. We look at a couple of examples of how these factors contributed to agreements being overturned. Read more


Tax Office can access Family Court documents for tax purposes

A recent case in the Family Court set the precedent of allowing the Australian Tax Office (and other bodies) to access family court documents for purposes unrelated to the court proceedings such as tax audits and assessments. Read more


Why do we need to get Legal Advice when making a Financial Agreement?

Video explaining why a couple needs to get legal advice when entering into a Financial Agreement. Read more


When can my de facto partner make a claim on my assets?

When can my de facto partner make a claim on my assets? Read more


 

How to manage money as a cause of conflict in your relationship

Money is a major source of conflict in personal relationships. Open and honest communication about financial goals and money habits is a useful strategy for minimising money arguments. Read more


Myth of the 50/50 Split Part 2 - Weighing the Contributions

Weighing Contributions of the partnersAfter separation, there are four steps tha partners should take to decide how the property pool will be split. After idenitfying the property pool you need to consider the contributions of the parties to the asset pool (s 79(4) of the Family Law Act).

Separation - The Myth of the 50/50 Split

Myth of the 50 50 splitThere are a lot of myths surrounding de facto separation and divorce in Australia. One is that assets are split 50/50 between the parties. But this simply isn't true. We look at the facts behind this myth and outline the process of how you determine a fair division of the property pool.

How to avoid arguing over Child Support Payments

There are a bunch of grey areas when it comes to managing a separation from a long term partner who is also a parent of your child/ren. Thankfully taking care of child support payments is reasonably black and white. You have two options to choose from - either applying to the Child Support Agency or making a private agreement between yourselves. We explore both options and how they can help you to stop arguing over child support. Read more


Video - Can you live in the same house and be legally separated?

We answer this common question and explore the actions you should take to comply with Family law. Read more


Man wins half share in million dollar property, despite nearly 50 years of separation from estranged wife

A recent Canadian Court case highlights the importance of formalising a separation when property and children are involved. In this particular case, a man was able to prove that he still entitled to half of a property he purchased with his estranged wife over fifty years ago. Read more


Adding spousal maintenance to a Financial Agreement

Spousal maintenance is an issue that can be addressed within a financial agreement along with the division of assets and debt. When doing so, it's wise to think about how the payments will be terminated. Read more


How to fill out an affidavit

Affidavits are a particular type of document used to record information as evidence for matters being dealt with by a court. There are many different types of affidavit's and you need to ensure that you complete the correct type for your particular matter. Read more


Is it possible to separate under the one roof?

Sometimes when a married or de facto relationship breaks down, the partners may need to keep living together under the one roof. We examine how the legislation treats such circumstances. Read more


Separating from your partner? What you need to know

Contemplating separation is never easy. It can be even more difficult when you don't know your rights or the facts about how it will affect your future security Read more


The Man, The Mistress and his Wife

Some people really know how to get themselves into strife. Let's take the example of Brian who recently left his wife and set up a new de facto relationship with his mistress of 11 years. Read more


Will a Financial Agreement work for us?

We look at the factors that determine if you can take the peaceful path to property settlement if you are separating.. Read more


Family Court praises stay-at-home mother's role and awards $22 million

Family Law Courts place a high value on the contribution of the Stay-at-home parent or homemaker as shown by the recent case Elgin & Elgin, who separated after 49 years of marriage. Read more


Why delaying property settlement could end up costing you more than you bargained for

It's not uncommon for couples to break up without taking care of the paperwork. But if you've accumulated assets together then delaying property settlement can be a costly mistake. Read more


How to apply for a divorce

In Australia you can apply for a divorce if you have been separated for 12 months by lodging a divorce application form with the Family Court. Read more


Same sex battle over Child Custody

A custody battle between a same sex couple over custody rights to their two children conceived by IVF, was decided just like any other custody dispute. Read more


 

 

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