Blog

Things to think about when preparing a Financial Agreement

By Kimberley Morrison | 20 March 2017

A Financial Agreement is commonly known as a “prenuptial agreement”. Both de facto and married couples can enter into Financial Agreements either before they commence living together or get married, or afterwards. Financial Agreement can make provision for how the assets and financial resources of the parties will be dealt with during the relationship and […]

What happens if the bank account has been cleaned out?

By Damien Bowen | 17 March 2017

A question a family lawyer is often asked is: what happens if my partner empties the joint account and spends the money? Does he or she have to give it back, or is it taken into account in some way? When a couple separates, emotions are often highly charged and behaviour can be unpredictable. What […]

Four common mistakes in property settlement negotiations

By Nicola Jansen | 15 March 2017

1. Not getting advice EARLY I understand that people may not want to “get lawyers involved” after separation. Honestly though, this is often a big mistake. How can you negotiate a settlement if you do not understand how the Family Law system works, or the specifics of how superannuation is treated? Most firms offer an […]

Interview by the College of Law

By Catherine Leach | 08 February 2017

In 2012 I completed my Masters of Applied Law (Family Law) through the College of Law, which enabled me to study Family Law at a much deeper level and proved to be a really useful and practical course. Recently I was privileged to be interviewed by the College of Law for their Insights section. Read […]

Valuations in the Family Court

By Damien Bowen | 30 January 2017

In cases in the Family Court involving property, one of the first things your lawyer will ask you is to help draw up a list of assets and liabilities. You are likely to be handed, and asked to help fill out, a document which lists assets and liabilities under various headings such as: real estate; […]

Everything is in!

By Chantelle McGarvie | 23 January 2017

People are often confused about what assets and liabilities are taken into account by the Family Court when it comes to working out a property settlement following the breakdown of a marriage or de facto relationship.  It is common for parties to hold assets in the names of other entities, and assume that those assets […]

Think before you text, tweet, snap or update your status

By Nicola Watts | 23 January 2017

In the last month the media have reported that divorce lawyers could “soon” gain access to the web, phone and email use of every person in Australia.  Privacy advocates and others have criticised the possible move to change data retention laws as intrusive. Under the Telecommunications (Interception and Access) Act 1979 Australian phone and internet […]

What do I do when the law firms are closed?

By Catherine Leach | 29 November 2016

Christmas and the New Year period are often times of great stress, and often that stress becomes too much and people decide to end their relationships. But what can you do when the law firms are closed over the Christmas/New Year period? If your matter is urgent, the following institutions are available: The Family Court, […]

Can I help you achieve a family law property settlement?

By Linda Tudori | 08 November 2016

Yes, I can and the best way for that to occur is by working together. So, to quote Jerry Maguire: “help me help you!” To do this, you need to understand how you can help me provide you with the best advice possible. Now before you ‘turn-off’ and say to yourself: “This isn’t what I […]

Penny Wise Pound Foolish

By Katie Buck | 01 November 2016

Transferring Property without Legal Advice When couples mutually decide to separate, they also often try to divide their assets and liabilities without seeking legal advice regarding their future vulnerabilities such as the tax implications resulting from their financial settlement. In the end, failing to obtain legal advice can be an extremely costly exercise particularly if […]