There is often confusion around what de facto partners are entitled to by way of property adjustment when a relationship has ended. A common question we hear asked is ‘can a de facto take half?’ A common misconception is that … Read More
How to find a divorce lawyer – 5 tips to find the right representation for you Going through a separation can be an emotional and worrying time. While the process has its challenges, finding the right divorce lawyer for your … Read More
When you are the high-income earner in a relationship that is breaking down, a common question is ‘What expenses do I have to continue paying?’ and ‘Will I have enough money to continue to pay for everything?’ On the other … Read More
Imagine discovering that you do not have control about who your superannuation will go to upon your passing, even though you have documented your wishes in a will. A nasty surprise and it is occurring more than you might think. … Read More
For most separating parents their primary concerns include their children’s wellbeing and fear about the legal process. Consequently, the first few questions I am usually asked are these: “How do I tell the kids we’re separating?” “I don’t want to … Read More
By Juliet Behrens In a decision with interesting ramifications, the Full Court has recently considered whether a couple were in a de facto relationship, and took into account of the fact that the relationship was dysfunctional and abusive in making … Read More
When some of the most staunchly conservative states in the US allow same-sex marriage before Australia does, you know something weird is going on. Thanks to a decision by the US Supreme Court earlier this month, the US is moving … Read More
Support for marriage equality in Australia is higher than ever before. According to a recent survey, 72 per cent of Australians are in favour of allowing same-sex couples to marry. The survey was conducted by Crosby/Textor, one of Australia’s leading … Read More
Binding Financial Agreements (BFAs – sometimes colloquially known as “pre-nups”), are usually designed to protect assets owned by one member of a couple from a claim by the other member of the couple in the event of separation. Typically, BFAs … Read More
In the Sun Herald on Sunday, 9 February 2014, there was yet another article which warned of the risks for people contemplating entering a Financial Agreement before marriage (or a “pre-nup” as they are commonly known). Cosima Marriner spoke to … Read More
Uncertainty relating to how inherited assets will be treated in property settlement proceedings under the Family Law Act is a cause for much anxiety. Emotional attachment to a family farm or a home that has been “in the family” for … Read More
On 21 July 2012, 21 year old Ben Catanzariti was killed in a workplace accident on a construction site in Kingston. One year on, Ben’s parents have remembered his death with a memorial and by launching a campaign to raise … Read More
Since 2009, the Family Law Act has applied to property disputes between de facto couples including same-sex de facto couples. This has led to a raft of enquiries to family lawyers from clients who are in, or contemplating entering into, … Read More
Prime Minister Kevin Rudd recently announced his support for same-sex marriage in Australia. But what difference will change to Australian law, allowing same-sex marriage, make? Legally, it will make very little difference. Symbolically, on the other hand, it will make … Read More
Usually the parties to family law proceedings are a husband and a wife, or former de facto partners, or the parents of a child or children. Spouses and parents are inevitably enmeshed in other family relationships and commercial arrangements which … Read More
Common questions about civil partnerships. What is a civil partnership? A civil partnership is a domestic relationship between two adults regardless of their sex. You cannot be married or related to the person with whom you share a civil partnership.
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
Experiencing a separation or divorce can be one of the most stressful periods in your life. Finding a family lawyer who is the right “fit” for you is an important step in guiding you towards a resolution of your matter.
Scenario: You and your former partner have separated. You have agreed how you will split your assets. You don’t think it is worth getting lawyers involved to “legalise” your agreement. Here are three very good reasons why you should.
Couples who reach agreement about the financial matters between them can enter into a Financial Agreement to protect their assets. A Financial Agreement can be entered into at any stage of a relationship – either before getting married or moving … Read More
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we talk about how the Family Law Act deals with dividing assets of separated couples (also called a “property settlement”).
Couples in a de facto relationship can access the Family Law Courts for assistance in resolving their financial matters following separation in the same way that married couples can. But what is a de facto relationship?
Under the Family Law Act, superannuation entitlements of separated spouses can be divided as part of a property settlement—this is called ‘superannuation splitting’. The Court can also divide the entitlements of eligible de facto couples.
The ACT Assembly has recently passed laws legalising same sex civil unions. The Federal Government has proposed amendments to the legislation relating to same sex couples being able to hold official ceremonies to mark their civil unions.
Major changes to many areas of the law have been made giving same sex couples the same rights as heterosexual couples.
Relationship breakdown is often acrimonious, with property settlement a contentious issue. The Family Law Act sets out a process for the division of assets for spouses and, since March 2009, for couples in a de facto relationship.
Confused about property settlement following the breakdown of your marriage/de facto relationship? Dobinson Davey Clifford Simpson answers some frequently asked questions.
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
Amendments have recently been made to the Family Law Act. The new reforms allow de facto couples to access federal family law Courts in relation to property and maintenance matters upon the breakdown of a de facto relationship. Dobinson Davey … Read More