In most relationships parties who own real estate will hold the property as either joint tenants or tenants in common. If the property is held as joint tenants and one of the parties dies, then their half interest in the [...]
The financial cost of having a Court decide how property is to be divided or how children are to be parented can be disproportionate to the value of property or the issues in dispute. The hours spent preparing for hearings, [...]
In the recent case of Graham & Squibb [2019] FamCAFC 33 (2019) FLC 93-892, the Full Court of the Family Court of Australia considered an appeal on the question of whether a Binding Financial Agreement was effective to protect the [...]
The Family Court of Australia has finally ended Australia’s most expensive divorce. The case of Strahan & Strahan is exhausting. The parties’ married in 1994 and separated in January 2005. They divorced in 2006. Shortly after separation in 2005, the [...]
I read with interest a recent article, which has caused the alarm bells to ring for many parties involved in family law matters and concerns about the consequences of failing to resolve matrimonial or defacto property matters with an ex-spouse [...]
A recent ABC News article reports a NSW man jumped from a moving car during a heated argument with his wife. The car was travelling at 50km per hour and he sustained serious injury. He sued his wife for negligence arguing that, [...]
This is a question we are often asked by clients and in today’s society the answer is not always straightforward. Section 4AA of the Family Law Act defines a de facto relationship as one where the persons are not married to each [...]
Binding Financial Agreements are a useful tool in family law as it enables parties to forego the need to apply to the Family Law Courts for Orders regarding their property and spouse maintenance matters in the event of a relationship [...]
One of the first steps in determining how property should be divided is to identify and value the assets of the parties. Preferably parties are able to agree on the value of assets and no formal valuations are required. When [...]
Ensuring compliance with Court Orders can be a tricky beast if you do not know what you are doing. Usually, there are consequences contemplated in the Orders if a party fails to comply with an action by a particular date/time. [...]
