Marriage, Separation and Divorce have different effects on your estate.
Australia’s family law system faces an overhaul after the government unveiled an inquiry aimed at fixing what it believes is a dysfunctional method of dealing with family breakdown.
In a recent case heard by the Full Court of the Family Court, Chancellor & McCoy, a same sex couple who were in a de facto relationship for 27 years were not required to divide their property after separation. The Court found it was not “just and equitable” to make property settlement Orders. During the…
In the case of Masters v Cheyne the mother and father signed a Binding Child Support Agreement on 31 July 2008.
The parties were a female same sex couple who commenced a de facto relationship in 2004. The Respondent left the Appellant’s home on 21 March 2011. The Respondent was a frequent visitor to the Appellant’s home until August 2011 and the parties continued to have sexual relations and engage in social activities together until August…
A trust legally owns assets on behalf of the beneficiaries named in the trust deed. Sometimes these assets owned by the trust (usually a discretionary trust) are found to be property that is able to be divided after separation.
The recent decision of the Full Court of the Family Court in the matter of Salah states that the trial judge erred in failing to consider allegations of family violence by the mother against the father when making interim parenting orders.
The Family Law Act defines superannuation as property, therefore it can be divided in a property settlement after separation.
A grandparent has the right to make an application for a Parenting Order with respect to a grandchild under the Family Law Act. Examples of such Parenting Orders include an Order that a child live with or spend time with a grandparent.
What constitutes property when looking at a division of property with your former spouse or partner after separation? Is a personal injury award likely to be defined as property to then be eligible for division after separation?