The death of a loved one is a challenging time. Finding out your loved one’s will wasn’t up to date, or that their will instructions are oddly uncharacteristic of them only adds to the emotional toll. During this stressful time, it can be beneficial to seek the advice of an estate lawyer who can handle…
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It’s no secret that the family law courts are congested, slow and expensive. Alternative dispute resolution processes, such as family mediation, provide a solution for families affected by separation or divorce outside of the court system. What is family mediation? Formal family mediation involves disputing parties and a family mediator or family dispute resolution (FDR)…
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Inheritance can be treated in different ways when it comes to splitting the asset pool. Some receive an inheritance during their relationship, some during the separation period, and some after the divorce is finalised. When an inheritance is received by a married person, it is likely they will naturally share it with their immediate family,…
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Superannuation is designed to provide for a person when they retire, and for many, it is a reflection on years of hard work. During the course of one’s working life a percentage of pay is deposited into a superannuation fund, and while that percentage may go largely unnoticed, it all adds up in the…
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The decision to end a marriage begins with separation. Separation generally occurs where both parties agree the marriage is over, or elsewhere one party communicates to the other that the marriage is at an end. A clear indication separation has occurred is where couples start living in separate houses; however, couples can still be…
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When a couple decides to go their separate ways, attention is often given to how their assets will be split. The burning question becomes ‘who gets what?’ Opposing parties are quick to claim what they believe is rightfully theirs, but when it comes to debt, the separating parties aren’t so eager to claim it. The…
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Our client had been in a relationship with her partner (“the Husband” for ease of reference), for about a decade. There was one young child of the relationship living almost exclusively with our client. She needed financial assistance from her partner, which is where we stepped in. The Husband initially commenced proceedings in the Federal…
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A property settlement is rarely black and white, and it can sometimes seem that a personal injury payout only serves to complicate the issue. Before we look at how a personal injury payout is treated in a property settlement, it is helpful to understand how a property settlement is determined. How is a property settlement…
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Our client, the father of three children between the ages of three and 15, faced an urgent interim application filed by the mother seeking an order to recover the two youngest children back into her care from our client. If she were to be successful, it would have been devastating not only to our client…
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Upon the breakdown of a marriage or de facto relationship, the couple will inevitably need to divide their assets and liabilities (such as the family home and mortgage) by entering into a family law property settlement. The assets and liabilities available for distribution, referred to as the “matrimonial property”, include all property in each party’s…
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