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Inheritance or Gifts in Family Law

Inheritance or Gifts in Family Law

  • There is no presumption or rule that excludes inheritances or gifts from property settlement after parties separate.
  • It is important to remember that it is the current assets that must be identified and valued and not just assets that existed at separation.
  • For example, if one receives an inheritance post separation, it must still be disclosed as it must be identified and valued.
  • There is no presumption or rule as to how to treat an inheritance or gift. It is not automatically divided equally, nor is it automatically excluded. The Court’s treatment of such inheritance and/or gift will depend on many different factors, such as the quantum, timing and nature of the gift or inheritance and other factors, including the length of the relationship, other contributions the parties have made and what is a just and equitable Order in the circumstances of your particular case.
  • A spouse needs to obtain independent advice from a specialist family lawyer who can advise them as to the impact of the inheritance or gift and as to what difference it may or may not make in an ultimate property settlement outcome.
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Privacy Policy

The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.

1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.

2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.

3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.

4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.

5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.

6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.

For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.