What Do I Have To Do To Divide Property After Separation?

It is always suggested that you seek legal advice prior to making any agreement with your spouse.  Some people mistakenly believe that it is a 50-50 split.  This is actually rarely the case.  There are a number of factors to be considered so early advice will give you an idea of what you are entitled …

Transferring Property Prior To Separation!

Some people think that if they transfer property prior to a property settlement then that property is safe from their spouse.  This is not the case.  You have a legal duty to disclose all property that you own and even if you transfer the property to someone else the court has the power to revers …

What Happens If Family Court Orders Are Breached?

What happens if Family Court Orders are breached? Normally if Family Court Orders are breached, a party to the Orders can file what is called a ‘contravention application‘. Evidence will need to be presented to the Court of the breach and the person who is believed to be in breach of the orders will then …

Windfalls And How They Affect Your Property Matter

Under the Family Law Act, when a separated couple needs to have their property split, one of the steps in the process is assessing the contributions of the parties to ascertain what percentage of the property pool each party is entitled to.  Such contributions can be financial (such as one party’s salary) and non financial …

Name Changes: Can I Legally Name My Child Darth Vader?

A recent case in the Family Law courts has bought to the forefront the law on name changes.  This article will summarise the law in relation to changing a child’s name, and explain why courts grapple with the more “interesting” name change applications. Under the Family Law Act parents have parental responsibility over their children, …

Costs Orders In Family Law Matters

When making a costs order in Family Law matters, a Judge of either the Federal Circuit Court or Family Court of Australia, hearing the cost application will exercise his or her discretion. When making a costs order in Family Law matters, a Judge of either the Federal Circuit Court or Family Court of Australia, hearing the cost application will exercise his or her discretion. The Family Law …

Future Needs Factors: An Important Consideration In Property Settlements

As mentioned in our earlier articles there are 5 steps a Court will work through when deciding how to divide the assets of a couple.  The fourth step relates to the parties’ future needs after separation and could lead to an increase in the assets you may receive after the property is divided. You can …

Companies: How To Pierce The Veil Of A Business Hiding The Property

Turning your business into a company can be a great way to accelerate the development of your business. In Family Law, companies are not immune from consideration or division under the Family Law Act, but the law surrounding them is quite complex. This article extends upon our earlier discussion of companies and their taxation consideration …

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