All too often in Family Law, lawyers as well as the court are faced with circumstances where one party tries to thwart their former spouse’s entitlements to a just and equitable property settlement by decreasing the size of the net asset pool available for division. Imagine this by way of example: We have seen…
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After a 24 year relationship – 16 of those years as a married couple – and three children together, our client’s husband decided he wanted out. Ending a relationship is all well and good, as long as it is done without intentionally dissipating the asset pool, part of which the other spouse is entitled. Unfortunately,…
Read MoreThe law relating to child support was put into place to ensure that children are adequately supported by both parents and recognises they have an obligation to financially support their children. For most parents, child support will be determined for them in a child support assessment, issued by the Commonwealth Department of Human Services. However,…
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Our client was the father of two children and despite having parenting orders providing for him to spend regular time with them, the mother had changed arrangements as she pleased for the past eight years. Our client came to us after he had been served with a fresh application by the mother seeking to travel…
Read MoreJanuary is often known as “Divorce Month” in Family Law circles. Anecdotally, we often find many people make the decision to separate or formalise their separation in or about January. Whether it is due to the stress of the festive season or a New Year’s resolution, no one quite knows. The decision to end a…
Read MoreThis is why it is important to formally finalise your financial relationship when your relationship is over… In a recent case, the Full Court of the Family Court of Australia (i.e., the appeal court) allowed a wife to pursue a property settlement some 18 years after she and her husband were divorced. Generally, if you…
Read MoreUnfortunately, raising a child comes with a price tag. Statistics on the cost of raising a child from birth to adulthood are often thrown around, ranging anywhere between $400,000 and $800,000 for two children. For many parents, supporting their children doesn’t stop when they turn 18. While legally they can vote and consume alcohol, most…
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Our client came to us to finalise a property settlement between her and her husband. The settlement that they had reached was very generous to her. Our client wanted to finalise the property settlement by consent orders. The court can only make orders (including consent orders) if they are “just and equitable”. The percentage that…
Read MoreOur client came to us after discovering that her ex-husband had failed to disclose over $100,000 during their property settlement. In addition, he had failed to comply with the consent orders for the transfer of a property into the wife’s sole name. The husband was adamant that he would only offer 50% of the undeclared…
Read MoreAnd they lived happily ever after…or did they? Unfortunately, not all love stories have a fairy tale ending. Relationship and marriage breakdown is common, with statistics showing that 1 in 3 marriages in Australia end in divorce. Children, property and assets all need to be considered when a couple choose to go their separate ways….
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