How is Superannuation Split in a Property Settlement?

How is Superannuation Split in a Property Settlement?

When couples separate, a property settlement will determine who owns which assets. This process can be straightforward when the assets are clearly defined – such as with a house, car, or investment property. However, when it comes to superannuation, the division of assets in a property settlement can become much more complicated. Types of superannuation... Read More
Will Making Under Undue Influence

Will Making Under Undue Influence

What is undue influence in Will making? Undue influence in Will making refers to the coercion of a testator (Will maker) into making decisions that go against their wishes. This form of coercion will often occur when the testator is vulnerable and dependent on others for support. A person may exert undue influence to ensure... Read More
Changes to the Family Law Act 1975 (Cth)

Changes to the Family Law Act 1975 (Cth)

On 6 May 2024, changes to the Family Law Act 1975 (Cth) (‘Family Law Act’) came into effect. These new laws include changes to the parenting order framework and enforcement of child-related orders. Changes relating to parenting matters are set out in the Family Law Amendment Act (No 87) 2023 (Cth) (‘Family Law Amendment Act’).... Read More
How Much Can My Wife Get in a Divorce?

How Much Can My Wife Get in a Divorce?

Following the breakdown of a marriage, separated or divorced parties must agree on how to divide their joint assets. As the division of property and finances is not included in a divorce order, a separate agreement must be made between you and your wife. Reaching an amicable agreement with your wife about the division of... Read More
How Much Can My Husband Get in a Divorce?

How Much Can My Husband Get in a Divorce?

Following the breakdown of a marriage, separated or divorced parties must agree on how to divide their joint assets. As the division of property and finances is not included in a divorce order, a separate agreement must be made between you and your husband. Reaching an amicable agreement with your husband about the division of... Read More
The Benefits of a Prenuptial Agreement

The Benefits of a Prenuptial Agreement

In 2021, there were 56,244 divorces granted in Australia – the highest number of divorces recorded since 1976. With this apparent increase in separations, it is important to prepare for any eventuality before entering into a marriage or de-facto relationship. One such precaution is to enter into a prenuptial agreement, or prenup, which ensures that your... Read More