Divorce
Divorce is a straightforward process in Australia. There is no fault involved and you need to show that you have formed the intention that the marriage has broken down irretrievably and that you have been separated and living apart from each other for at least 12 months prior to filing the Divorce. The Divorce Application […]
Child Support – Some Essential Facts
Typically, after separation, a parent can make an Application for the assessment of child support from the other parent through Centrelink. The Government assess a party’s liability to pay child support according to a formula which is based on the children’s ages, the income of both parents and the number of nights the children spend […]
Binding Financial Agreements – The Essential Facts
What is a Binding Financial Agreement? A Binding Financial Agreement (“BFA”) is an agreement in writing when parties are either contemplating entering into a relationship or are in a relationship (de facto, marital or same sex). The BFA deals with what happens with respect to the division of property between the parties in the event […]
Protecting family and generational wealth in the event of separation
There are many circumstances where a patriarch or matriarch within a family has built up considerable wealth for the benefit of their children or grandchildren. In these circumstances, separations of children, siblings or other family members can have a profound effect on the distribution of wealth within such structures and cause unnecessary angst and stress. […]
Three Important Things You Need to Know about Tax and Family Law Property Settlements
There are many issues where tax impacts upon a family law property settlement. In my experience, the following three are some of the most important and/or overlooked problems that arise when parties are looking at finalising their property settlement:- Tax which has not yet been realised (for example, capital gains tax on an investment […]
Child Support The Important Facts You Need to Know
If you and your partner separated on or after 1 October 1989 or any of your children were born after this date, then the law relating to child support is governed solely by the Child Support Act. After separation, the parent with whom the children continue to live is entitled to apply for child support from […]