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So far avaldeadmin has created 199 blog entries.

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”. [...]

Claiming Adult Child Maintenance

28 September 2020

A child support assessment will usually end when a child turns 18. However, where the Child Support legislation stops, there is scope for the Family Law Act (FLA) to step in. Under the FLA parents can in some cases be required by a Court Order to pay maintenance for a child who is over [...]

Don’t forget a ‘Super Split’

4 September 2020

It is important to know that superannuation is 'property' and is considered in a property settlement, but more importantly, it can be split between parties and usually it is. Background The law in relation to superannuation and family law changed dramatically in 2002 with amendments to the Family Law Act. Prior to December 2002, [...]

What is confidential?

20 July 2020

Have you recently separated? Have you been to see a Counsellor? Many people believe that their private counselling discussions are confidential. The reality is - most are not. It is important during a separation that spouses seek professional support and talk through their issues either together or individually. If repair can’t be brought to [...]

Consenting ‘Without Admission’ – What Does That Mean?

6 July 2020

Agreeing to a Domestic Violence Order (DVO) being made 'without admission' is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g. they don’t require a [...]

Dealing with tax debt

29 June 2020

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 [...]