The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
Call us on
Call us on
There have been recent decisions by the High Court and now by the Full Court of the Family Court that make it imperative for separating couples to address financial issues, and in particular, the security of their financial interests immediately after separation.
The concept of what was known as “notional property” seems to be under threat. The concept of notional property always provided some comfort to separating spouses as it would allow the Court to notionally “add back” property that had been dissipated or wasted by one party after separation.
This would ensure, that the other party was not unfairly penalised for the unilateral spending by the other party immediately after separation.
For example, assume that one party spent $50,000.00 on buying a gift for their new love interest. The other spouse could argue that the $50,000.00 was wasted and should be added back into the matrimonial assets available for division. This would ensure that this spouse was not unfairly treated by the unilateral spending by the other spouse after separation.
The Law now is unclear. There is a real risk, that such reckless and unilateral spending after separation will not result in those assets being “notionally added back” to the pool of assets. While there will be still strong arguments to make percentage adjustments in favour of the disadvantaged spouse, the reality may be that one spouse is unfairly disadvantaged because of the unilateral spending by the other spouse immediately after separation.
Therefore, it is imperative immediately after separation that one seeks urgent advice from their accountant/financial advisor and their family lawyer so as to immediately protect their assets from such premature and unilateral dissipation.
It is incumbent upon professional advisors, including family law specialists, to turn their mind at an early stage to preserving matrimonial assets and not allow one party to be at risk due to another’s post separation conduct.
Always remember, that it is the assets and their value at the date of settlement that are taken into account by the Court and not the assets and their values at the date of separation.
Contact us if you are separating and have concerns about the division of your assets and what you are genuinely entitled to. Our Family Law experts have extensive experience in dealing with complex property settlement matters.
This would ensure, that the other party was not unfairly penalised for the unilateral spending by the other party immediately after separation.
For example, assume that one party spent $50,000.00 on buying a gift for their new love interest. The other spouse could argue that the $50,000.00 was wasted and should be added back into the matrimonial assets available for division. This would ensure that this spouse was not unfairly treated by the unilateral spending by the other spouse after separation.
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
It is probably commonsense and goes without saying, but in so many matters we have clients present to us in
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result in significant changes to
© 2024 Hartley Family Law – All Rights Reserved | Privacy | Terms & Conditions
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.
