Archive for the "Legal" Category

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Family Law – Assets – disputes

Australasian family law cases concerning a party’s initial contributions,or separate property, brought into the relationship appear far from clear when settlement is litigated in court. The value of each party’s initial contributions or “separate property” brought in to the relationship can be diluted by the length of the relationship or the “intangible” or non financial […]

Family Law – De Facto Spousal Maintenance

A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be […]

Family Law – The Competing Issues of Bankruptcy and Family Law

Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties. Currently, conflicts between […]

Family Law – Considering Seperation? Here are your next steps

Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life […]

Family Law – Child Relocation, Child Custody, Parenting Plans

Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly. Relocation by a parent with whom a child lives with usually causes difficulties for the uninterrupted and […]