Property & Financial

Should you look a gift horse in the mouth?

Over the course of a marriage, or even prior to, a couple may receive funds from their respective parents, often to assist them to purchase a house. The status of these monies may come into contention pending a property settlement as the Family Court treats gifts and loans differently and the difference can have an …

Should I enter into a Binding Financial Agreement?

A Binding Financial Agreement (“BFA”) is a written agreement between parties to a marriage or de facto relationship. Couples can enter into a BFA when they are contemplating marriage or cohabitation (commonly known as a “pre-nuptial agreement”), during the relationship, or following separation. The focus of this article is on “pre-nuptial” agreements. A BFA can …

BOOTH [2010] FMCAfam 1269

23 November 2010, published 5 November 2014 Property – Long marriage – Initial contribution of home by Mr Booth the primary asset – Contributions assessed 61/39 of $711K pool (1 per cent being for Mr Booth’s care of children) – No s 75(2) adjustment – Husband’s non-disclosure of earnings FACTS: Mr. and Mrs. Booth married …

Sexually Transmitted Debt

What you need to know about separation, divorce and debt Debts, just like assets, are usually factored into a property settlement. Even if the debt is not in your name, and/or you did not know about it, it is likely to be part of the overall asset pool. If your ex does not “put the …

Why Documents Matter in Family Law

Why Documents Matter in Family Law When a couple separate, they are usually asked to tell “their story”.   They individually tell friends, family, colleagues and professionals about their relationship, why it ended and what their expectations are moving forward. Amazingly, each person will tell a different “story”. These different stories can sometimes be very …

Working with Documents? Things your Lawyer should tell you

You can spend a huge amount of money with your lawyer on providing documents to prove your case.  This is called disclosure. You are required to provide disclosure to the other side, whether you are negotiating, mediating or involved in Family Court proceedings. Your lawyer will tell you what documents you have to provide.  If …

You Matter