Property & Financial

Super in De Facto Relationships

Super in De Facto Relationships

Superannuation splitting in de facto relationships has been problematic in Australia’s financial and legal climate for some time. Last year, Catherine Leach, Director of Perth’s largest Family Law firm, discussed with Chanel Nine News the need for the legislation to change. Today, the bill is under review in Federal Parliament, and if this legislation passes, …

Mediation Process through divorce explained

Binding Financial Agreements – Thorne v Kennedy Decision

A decision on binding financial agreements from the High Court of Australia in the case Thorne v Kennedy was handed down  on 8 November 2017. Concern has been expressed that this “means the end of Binding Financial Agreements – Binding Financial Agreements will no longer be enforced”. This is far from the case. Facts of …

Who gets the dog

When parties to a marriage or de facto relationship separate, there may be a dispute about who keeps the family pet. Whether it is Gordon the goldfish, Cuddles the cat or Fido the loyal family dog, the question is – how does the Family Court treat pets in divorce proceedings. For most separated couples, it …

Things to think about when preparing a Financial Agreement

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?

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

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 …

Valuations in the Family Court

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!

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 …

Can I help you achieve a family law property settlement?

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 …

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