How do the Family Courts Treat Foreign Superannuation Entitlements?
The 2006 case of Lesbirel v Lesbirel suggests that foreign superannuation may still be treated as a ‘financial resource’ in family law property settlements.
Setting Aside Final Property Orders – What You Need to Know
The Court is generally reluctant to reopen final property orders as the primary objective of the orders is to conclusively determine the financial relationship between parties to a marriage/ de facto relationship. The Court will allow orders to be set aside in the following limited circumstances.
Beroni & Corelli: Setting Aside a Financial Agreement Where There is a “Special Disadvantage”
The case of Beroni & Corelli concerns an appeal against an order made by the Family Court of Australia setting aside a Binding Financial Agreement (BFA) on the grounds of unconscionability and undue influence.
Managing COVID-19 and Progression of your Family Law Matter
At Farrell Family Lawyers the health and welling being of our team, our clients and the broader community is of the outmost importance to us.
What Happens to Superannuation after a Separation?
The superannuation splitting laws allow separating couples to value and divide their superannuation after a relationship break down. Under the laws, one partner may split the amount remaining in their superannuation fund and make a payment to the other partner’s superannuation fund after separation.
How Does the Family Court Treat Discretionary Trusts?
How does the Family Court treat property owned by a discretionary trust? Is the property owned by a discretionary trust considered property available for distribution between parties to a family law property settlement?
Top 5 Things Every Accountant Needs to Know About Family Law Property Settlements
We list 5 keys considerations that will assist you, as accountants, when helping your clients through their family law property settlement.
6 Considerations for Business Owners Navigating Separation
If you operate a family business with your ex-partner, here are 6 important considerations you should read today.
Why is January often called the “Divorce Month”?
January is the time of year that most people chose to separate and start the divorce process. Here are some of the key reasons why they chose to end a marriage at the beginning of the year.
How do Initial Financial Contributions Affect a Property Settlement?
In the 2019 case of Jabour v Jabour, the husband acquired a part interest in two blocks of land prior to marrying the wife. At the time of the trial the rezoned land was valued at $10,350,000 and constituted the majority of the value of the asset pool. The trial judge ordered that the husband receive 66% of the non-superannuation assets and the wife 34% taking into account the husband’s initial financial contributions.