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So you’ve separated and don’t really want your ex-spouse or de facto partner to be able to claim against that house you bought out of your hard-earned savings. After all, you were the one who went to work...
11 January 2012
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Categorised In: Family Law
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Have you been divorced from a former spouse? Were you previously in a de facto relationship that ended?
If your answer to either of those questions is ‘yes’, and you never formalised your property settlement...
09 January 2012
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Categorised In: Family Law
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Niccolò Machiavelli once famously remarked, ‘A son can bear with equanimity the loss of his father, but the loss of his inheritance may drive him to despair.’
The treatment of inheritances often...
23 December 2011
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Categorised In: Family Law
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A different perspective
During school holiday periods, children frequently have the experience of spending considerably more time than usual with the parent with whom they do not usually live. Particularly during the...
20 December 2011
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Categorised In: Family Law
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Contemplating holiday travel with the kids? Do you have court orders about parenting? Are you paying child support?
Well, you would never live it down if you got to the airport and either you or the children weren...
19 December 2011
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Categorised In: Family Law
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Separating from a long-term spouse or de facto partner is considered to be one of the most traumatic events a person can experience. The circumstances giving rise to the separation, which typically include infidelity,...
21 November 2011
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Categorised In: Family Law
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It is common for separated parties to be anxious about their property settlement and the assets they are likely to retain when the separation-dust settles.
This is only natural given that family law is often poorly...
14 November 2011
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Categorised In: Family Law
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The case of Sullivan & Sullivan [2011] FamCA 752, highlights some of the perils parties may encounter when entering into a Binding Financial Agreement (Agreement) in respect of property settlement matters.
In...
12 October 2011
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Categorised In: Family Law
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Family lawyers and community groups have, for some time, expressed their dissatisfaction with the treatment of family violence and child abuse in the Family Law Act.
As a result of growing public disapproval and recent...
04 October 2011
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Categorised In: Family Law
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In mid 2009, we published a Legal Alert which asked whether Financial Agreements, were “worth the paper they were written on?”. The article looked at the case of Blackmore v Webber in which the...
02 June 2010
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Categorised In: Family Law
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(Answer: Usually, but…)
Often people question whether Binding Financial Agreements are actually binding, or whether they are too easily set aside by a Court to risk relying upon.
This question is of...
18 June 2009
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Categorised In: Family Law
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The Family Law Amendment (De Facto Financial Matters and other measures) Act received Royal Assent on 21 November 2008.
This much-awaited piece of legislation will see de facto financial matters dealt with by the Family...
02 February 2009
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Categorised In: Family Law
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The Family Law Act 1975 has for a long time provided that transactions are to be free from stamp duty if they are entered into for the purpose of, or in accordance with, a Family Court Order.
However, OSR has previously...
16 September 2008
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Categorised In: Family Law
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In the recent decision of Essex & Essex (No 2) [2007] FamCA 639 the Family Court held that the significant assets of two testamentary trusts ought to be excluded from the matrimonial pool of assets available for...
12 August 2008
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Categorised In: Family Law
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On 25 June 2008, the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 (Cth) was introduced into Federal Parliament. The Bill proposes to amend the Family Law Act 1975 (Cth) to allow for the...
24 July 2008
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Categorised In: Family Law