The Court has a wide discretion about how they deal with inheritances received during a relationship as well as after separation when making property settlement orders. Inheritances are not a protected category of property and will not automatically be treated differently from other assets available for distribution.
After the breakdown of a relationship, couples are emotionally exhausted, stressed and often left feeling uncertain and apprehensive about the future. This period sees people procrastinate and take the “ostrich approach”, hoping it all goes away.
In its recent ruling, Commissioner of Taxation for the Commonwealth of Australia v Tomaras, the High Court of Australia held that a wife’s $250,000 tax debt to the Australian Tax Office (“ATO”) could be assigned to her husband.
Last Wednesday, 5 December 2018 the Morrison Government passed legislation protecting victims of family violence from direct cross-examination by their alleged perpetrators in family law proceedings.
Recent amendments to the Family Law Act 1975 (Cth) have introduced greater consequences for parents who abduct children. The reforms extend a penalty of three years imprisonment to parents who retain a child overseas beyond their required return date in breach of an existing or pending court order or written agreement.
In Victoria, Orders with respect to parenting issues and/or property matters can be made pursuant to the Family Law Act 1975 (Cth), in either the Federal Circuit Court of Australia, or the Family Court of Australia.
If you’ve been living together for at least two years or there is a child of the relationship, the Court has the power to make an order for property settlement between you and your partner.
International Relocation: When does the Family Court Allow a Parent to Relocate Overseas with their Children?
A parent cannot relocate to another country with the children of the relationship without either the other parent’s consent or an order of the Court permitting him or her to do so.
When couples separate, it is often a difficult and emotionally draining time for all those involved. One often challenging consideration is determining the future care arrangements that will best meet their children’s needs.
I recently presented an information session for Law Week 2018 entitled “Do I need a Pre-Nup? Everything you ever wanted to know about Financial Agreements / Pre-Nuptial Agreements”. There was a request for the information provided at the session and so I intend to summarise the information provided along with links to assist.