When a couple separates and there is a family company involved, it is common for one party to assume responsibility for the operation of the business. When this occurs, there is sometimes a risk that that party will misuse their power. This requires urgent action. The party with control of the company may threaten to [...]
A Family Report is a written report by a social worker or psychologist. The report involves the parents and children being interviewed and the children's 'wishes' being identified. A Family Report can offer great assistance to a Judge and is therefore a very important document. So, what is a family report? The report can be [...]
Separation is a turbulent time and this is never more so the case than when trying to determine if the ongoing occupation of the home can be shared or if one of the spouses should leave. So how can a spouse be forced to leave the home? A dispute over who will stay in the [...]
Congratulations! Our Associate Belinda Jeffrey was a 'Games Shaper' (volunteer) at the recent 21st Commonwealth Games. Belinda was involved in the Games 'news service department' as a flash quote reporter for Squash. Belinda has a strong commitment to voluntary work both within and outside of Family Law. She says she is grateful to have [...]
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. They [...]
Background The law in relation to how superannuation is treated in a family law property settlement changed dramatically in 2002 with amendments to the Family Law Act. Prior to December 2002, the options for dealing with superannuation in a property settlement were very limited. Since 2002, superannuation is now treated as ‘property’ and is able [...]
If a spouse who is going through a separation is getting counselling support, they will usually prefer that process be kept private. In Family Court proceedings that privacy is difficult to achieve. In a recent case, a husband demanded that the wife disclose to him what psychologist she had seen. The father requested that the [...]
The Family Law Act provides a very broad scope for what can be included in a property settlement. But what happens if an asset is acquired by one spouse after separation – is that included? The court recently considered this interesting question. The Facts: The parties were married and had been together for 17 years [...]
There is nothing stopping a former wife changing from her married name back to her maiden name after a separation. However, changing a child’s surname is very different. In considering whether a child’s surname should be changed the court has set out various factors. Factors that need to be considered include: The welfare of the [...]
Spouse maintenance is available under the Family Law Act for married couples or for defacto couples. Spouse maintenance is not gender specific. For a spouse maintenance entitlement to arise there must be a significant difference in the spouses’ income at the date of separation. If the relevant criteria is satisfied then the spouse with the [...]
