A family trust can be a useful vehicle in a family as it allows you to manage your family assets in a way that offers you taxation advantages. Trusts are often used to exclude property from a relationship and therefore division under Family Law. This article will...
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...
As discussed in previous articles, when assessing the division of an asset pool in a family law property settlement matter, there are 5 steps which the Court considers. A summary of those 5 steps are: 1. It must be just and equitable to make an adjustment of property....
A Married man has been found to be in a de facto relationship with sex worker in the de facto jurisdiction. A recent case before the Full Family Court has reaffirmed the requirements for two people to be considered a de facto couple. This article aims to explain the...
Urgent Recovery Orders are powerful orders which are used when a parent does not return a child. Often our clients’ worst nightmare is when children are not returned to their home by the other parent. This can take the form of the other parent simply deciding to keep...
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...
In our earlier article we spoke of Binding Child Support Agreements and how they can override or substitute an assessment from the Child Support Agency. However, these agreements are not as ironclad as they appear and you should be aware of the possible pitfalls...
Parents are responsible to provide financial support (child support) for their children regardless of: Whether they were married, in a defacto relationship, never lived together, are separated or divorced; Where the children live or the amount of time they spend with...
In our previous article we spoke of costs in the Family Courts and how a Judge will be satisfied as to when your former partner has to pay the other’s legal costs. This article will explain how you apply to the Court to have such a costs order or any other...
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...
