Women’s Superannuation
One of the newest political battlegrounds is women’s superannuation, with the Labor Party recently announcing a $400 million funding proposal to boost the superannuation balances of those who have taken time off work to care for others. Due to women being on lower wages, on average, than men and because women also generally take more […]
Changes to Family Law System
The Federal Government recently announced big changes to the current Family Law court system which are expected to result in 8,000 more cases being resolved each year. The Family Law court system is currently made up of the Family Court of Australia and the Federal Circuit Court of Australia across all Australian states and territories, […]
Marriage – Is a Second Marriage Valid?
A recent case in the Family Court of Australia considered the situation where a woman, Ms Kirvan, had married twice, and therefore whether the second marriage was valid. Ms Kirvan initially married Mr D in 2015 while overseas. She then moved to Australia on a student visa in March 2016. While it appears the initial […]
Boyfriend & Girlfriend or De facto Relationship?
A recent case in the Federal Circuit Court of Australia has resulted in a Judge ruling that a couple were just ‘boyfriend and girlfriend’ and not in a de facto relationship, despite the parties having 2 children together and being involved in a lengthy sexual relationship. In Weldon & Levitt [2017] FCCA 3072 (11 December […]
Intestacy and De facto Spouses
After Nomads bikie member, Adrian Pamplin, died in 2013, his mother and his long-time girlfriend, Ann Irwin, battled in Court for the next 4 years, until the NSW Supreme Court finally handed down a judgment in November 2017. As Pamplin died without a Will, the primary issue in the proceedings was whether Pamplin was in […]
Property Acquired after Separation
It is not unusual for a couple who have separated to wait years or even decades before formally finalising their property division. It is important to note that there are only two ways to formalise a property settlement by agreement after separation: Consent Orders which are approved by the Family Court of Australia or a […]
Will We Achieve Equality?
The recent postal vote has ascertained the general public’s opinion for same sex marriage, with a resounding opinion that marriage equality should be allowed in Australia. The interesting thing though is, will we achieve equality now that the “yes” vote has been affirmed. There seems to be lots of discussion on introducing new legislation into […]
Wastage in family law matters
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text] After relationship break ups, it is often the case that one party will allege that the other has unnecessarily wasted assets during the relationship or after the relationship has ended. This issue has recently come before the Full […]
Separated and Able to Settle your Property Matters?
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text] A marriage or de facto split is often traumatic for all concerned and can be difficult where the parties are “at war” over the hard earned assets of the relationship . Going through courts can be both economically […]
5 key tips in Family Law Property matters:
When parties to a marriage separate, there are a number of misconceptions that often arise as to the essential factors that a court takes into account where they are considering adjusting interests in respect of property. This often becomes an issue where disputing parties find to their surprise and detriment that decisions made by the […]
