One of the challenges that often arises between separating couples is the preservation of property. Property has a wide definition, it is not limited to just real estate. It is not uncommon (before or after separation) for a spouse to take property. For example, take money out of a bank account, draw down special [...]
Many separating couples operate businesses through a variety of different corporate and trust structures for tax minimisation purposes. Such structures can complicate property settlements if certain tax costs are not identified and taken into account at the time of settlement negotiations. Not unlike public companies, private companies have shareholders and payments are often made [...]
To document or not to document an agreement? That is the question. It is important to be aware of the options available when it comes to – whether? and if so, how? - to document children’s arrangements, property settlement, and even child support. The ‘rule of thumb’ is that a ‘property settlement’ must be [...]
The law states that separated parents have a legal obligation to provide financially for their children. The Child Support Agency regulates this until the child is 18 years old – but what happens after that? Is it possible for a parent to be required to financially support an adult child? The answer is 'yes' [...]
The average person generally spends their life trying to avoid the inside of a Court room. Yet, there are some who just cannot stay away persistently initiating legal actions that do not have sufficient grounds, simply to harass or subdue their adversary. In such cases, the Court is often placed in the difficult position of [...]
The right to marry in Australia is no longer determined by sex or gender. But what happens when cultural immigrants have multiple wives? The court recently considered just a case. The Facts The parties married in Iran in 1981. The law in Iran permitted the husband, subject to certain conditions the ability to take 3 additional [...]
Family Law is a complex and ever changing area of law. All of the lawyers at Michael Lynch Family Lawyers practice solely in Family and Relationship Law, therefore we are often requested to provide a second opinion on legal advice people have received elsewhere. Of course, we are happy to assist in providing this [...]
A new online DV resource has been provided to Judges across the country. The Australasian Institute of Judicial Administration (AIJA) has launched, the first stage of the National Domestic and Family Violence Bench Book. The release of stage two is anticipated in June 2017. The development of the resource was in consultation with Judicial [...]
A person’s life expectancy can be taken into account in determining a property division. It could be considered in terms of the 'percentage division' when looking at the 'future needs' component for each spouse. An appeal was recently granted where the trial judge had made the finding that the husband's 'future needs' in the [...]
