About avaldeadmin

This author has not yet filled in any details.
So far avaldeadmin has created 199 blog entries.

Does child contact need to be encouraged?

26 July 2021

The question often arises as to whether there are any obligations on a primary carer parent, under a court order, to encourage a child to see the other parent? The area is problematic and usually case specific, but the general answer is “Yes”. The law provides that there is a positive obligation on primary [...]

Dealing with tax debt

13 July 2021

The Family Court holds that parties to a marriage (or defacto relationship) should share in the good economic times as well as the bad that occur in their relationship, even if the losses have been caused by the actions of one party. Only where there are ‘good and substantial reasons’ should there be a [...]

Determining a Property Settlement – One Asset at a Time?

29 June 2021

The process for determining a property settlement usually involves "pooling" all the property, valuing it and then dividing it as an overall pool (this is called the "global approach"). However, it is open to the court to consider the contribution each party has made with respect to each item of property. This alternative option [...]

How long for spouse maintenance?

1 June 2021

The length of time that spouse maintenance payments are provided for usually depends upon the time required for the lower income earner to re-train and re-establish themselves into paid employment. Consequently, the length of time is usually not very long. In a recent case, the trial judge limited the wife’s entitlement to spouse maintenance [...]

Different Ages, Different Wishes

18 May 2021

The age at which a child’s wishes hold weight with a court is a topic constantly debated, and continues to be a difficult subject for the court. It is worth re-stating that Court Orders made under the Family Law Act in relation to children remain in place until a child is 18 years of [...]

Court considers inheritance

4 May 2021

In a recent case the court had to decide what weight to give to a husband in a property settlement for an inheritance he had received from his mother’s estate. Facts: Both husband and wife were 64 years of age at the time of the trial and they had been married for 38 years. [...]

Disclosure – “But What if I’m Only a Discretionary Beneficiary?”

8 February 2021

In a property division under the Family Law Act each spouse has a duty to make 'full and frank disclosure' of all documents relevant to the case within their "possession or control". A recent case has considered whether a husband failed to disclose Trust documents when he was only a beneficiary to a discretionary [...]

Application For Property Settlement 18 Years Out of Time?

7 December 2020

For a married couple time runs out for bringing an application for property settlement to the court 12 months after a divorce order has been made. (For defacto couples it is 2 years after the date of separation). If you miss this deadline you are in trouble as you can only then proceed with [...]

Spousal Maintenance while Caring for Children

23 November 2020

A spouse may have a right to obtain maintenance from the other spouse if at separation there is an income difference. The additional requirement is that the low income earner must be unable to meet their reasonable financial needs and the high income earner must have the financial 'capacity' to provide assistance. Although there is an obligation on the [...]

What is a voluntary intervention order?

26 October 2020

Most people are familiar with the basic orders that can be made by a Magistrate Court in Domestic Violence matters. The two main types being a Protection Order or a Temporary Protection Order. It is also open to a court, however, to impose a further order on a Respondent – a “Voluntary Intervention Order”. [...]