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Is Money From Family a Gift or a Loan When Separating?
It is becoming increasingly common that couples receive financial assistance from their parents. This can be through the transfer of property, the giving of money or both. Although helpful for major financial decisions such as the purchase of property, this assistance...
Inheritances and Family Law
Families and money can sometimes be a volatile combination. In circumstances where a divorce or separation occurs and a new Will isn’t drafted, complications can arise. In this blog, we review what it means to have an inheritance included in the property settlement...
Separated Under One Roof – How Do I Apply for Divorce?
When Can You Apply for a Divorce? To be eligible to apply for a divorce, you or your spouse must have been separated and living separately for a minimum of twelve (12) months, with no reasonable likelihood of resuming married life. Recent changes to Australia’s family...
Who Keeps the Ring? Breakdown of Engagement
When an engagement breaks down, questions often arise about each partner’s entitlement to property and how it should be divided. The engagement ring, in particular, can be a source of dispute due to its sentimental and financial value. There is no single rule for...
Understanding AVOs – Apprehended Violence Orders
What is an Apprehended Violence Order? An ‘AVO’ refers to an ‘Apprehended Violence Order’, issued by a court against a person who has made another person feel fearful of assault, harassment, violence or intimidation. There are two types of Apprehended Violence Orders:...
Spousal Maintenance: What You Need to Know
What is Spousal Maintenance? Spousal maintenance is a responsibility you or your former partner might have to financially support the other person after separation or divorce. Spousal maintenance is not automatic and, in most cases, is only payable where one partner...
Case Study: When Binding Financial Agreements Aren’t Enforceable
What are Financial Agreements? A Financial Agreement is a contract which sets out the division of property and spousal maintenance matters in the event of the breakdown of a relationship. Financial Agreements are legally binding and can be enforced by the Federal...
Social Media and Family Law: Can I Post About My Family Law Proceedings?
Whether it’s organising parental arrangements between separating parties, or allowing parents and kids to stay connected, social media is undoubtedly a more efficient way of connecting than ever before. However, it is important to remember that social media must be...