A wife - who found out her separated husband had been splurging their assets on prostitutes, gambling, drugs and shares - has had to get a court order to stop the spree. The husband had bipolar disorder, he was even trading in shares from his bed in a hospital psychiatric unit after attempting suicide, [...]
We all know the importance of superannuation and saving for retirement. But what happens to that hard-earned super if you’re going through a divorce? Firstly, it’s important to remember that superannuation is defined as “property” under the Family Law Act and can be counted as part of a property settlement. Getting information To overcome [...]
Following separation if a couple is unable to live separated ‘under the one roof’ and cannot reach agreement for one of them to leave the house, who stays? Either of them can apply to the court to obtain an order for exclusive occupancy. A recent case provides a useful insight into how to determine [...]
When separation occurs spouses must turn their minds to, what makes up their property pool for division? It may be a surprise to some people to learn that almost all assets, whether held jointly, solely or in company or even Trust names may be considered to part of the matrimonial property pool. If a [...]
Are you in a defacto relationship? Have you separated and not sure how property should be divided? It’s important to get Family Law advice early, but here are some of the basics you need to know. What is a de facto Relationship? Under the Family Law Act a person is in a de facto relationship with [...]
Q: Is an insurance claim 'property' in family law? A: The short answer is yes, it can be. An insurance claim is money that can be recovered and although not strictly 'property' it is treated in the same manner. An insurance claim is a right to sue. Often the trouble with a right to [...]
Q: If I see a solicitor, does that mean I will go to court? A: No, in fact seeing a solicitor for family law advice at the earliest opportunity may avoid (or bring an end to) contested court proceedings. Seeking the advice of a family lawyer is the best way to arm yourself with [...]
In situations where parents separate, children will often have opinions on what they want to do, who they want to live with and when they want to spend time with each parent. When should a child’s wishes be acted upon by the court? The Family Law Act is silent as to what age a [...]
Family law is a complicated and foreign place for most people, however many people choose to or must represent themselves in relation to family law matters. It probably doesn’t need stating, but there are inherent challenges with being self-represented in court proceedings and this was highlighted in a recent court case that showed the [...]
