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So far Reception has created 205 blog entries.

Property Settlement and Farms – Dispelling the Myths

16 February 2024

Determining a property settlement involves considering various factors in the Family Law Act, in conjunction with someone's specific situation. In broad terms, the "pool" of property must be determined i.e. identified and valued (it is worth noting that the definition of "property" is very broad and can include individual, company and trust property), and [...]

Understanding Adult Child Maintenance: Legal Insights

12 January 2024

Just because a child is undertaking further education after turning 18 does not mean that a parent is required to continue to financially support that child.  Adult child maintenance is entirely separate from child support, it involves different legislation, different considerations and it has no prescribed formula. The key factor for determining whether adult [...]

Siblings to stay together

12 July 2023

From time to time we will speak to someone about arrangements for their children and they will propose that one child live with them and the other child with the other parent. These suggestions are usually made with the best of intentions and a belief that this is the perfect solution. But, what does the [...]

Divorce and the Family Farm

12 July 2023

Severing the emotional and financial dependence on another person is a crucial yet often difficult part of a family law property settlement, particularly in matters involving a family farm. In these matters the physical, financial and emotional links and dependence are deeply entwined and have been made over many years, they can appear impossible to separate. [...]

Is emotional abuse ‘domestic violence’?

26 May 2023

Impact of Domestic Violence in a property settlement

28 April 2023

Where there has been domestic violence in a relationship, it is possible to argue that there should be a percentage adjustment for property settlement to the spouse who has experienced domestic violence. This is particularly so where the violence effects in a significant and adverse way that parties’ ability to contribute to the relationship [...]

I don’t think I’m the father?

15 March 2023

Negative contribution to property – Is there such a thing?

8 September 2022

It may come as a surprise to you but when assessing contributions to the matrimonial property pool in determining a property settlement, a spouse cannot be found to have made a negative contribution, as no such term exists under the Family Law Act. This was reinforced in a recent judgement before the Appeal Court, [...]

An informal property settlement – Can the Court interfere?

30 August 2022

For a property settlement agreement to be legally binding, it needs to be documented as either a consent order or a financial agreement.  The court recently had to consider in a case whether an agreed property settlement that was not formalised by the parties, was a ground to dismiss an application for a property [...]

Controlling a Parent’s Behaviour

19 August 2022

In determining children’s arrangements the law states that the child’s ‘best interests’ are paramount. The court can therefore make orders restraining a parent’s behaviour including their freedom of movement. A father recently appealed an order restraining him from various activities including: collecting or taking the children to school; attending at the school to undertake [...]