Arbitration as an Alternative in Family Law
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been made to not appeal due to other circumstances, including concerns about the appeal outcome and the costs of an appeal. It is important to remember that in family law, we have a discretion-based system that […]
Three Important Things You Must Know about Family Law when Dealing with Your Own Clients
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been made to not appeal due to other circumstances, including concerns about the appeal outcome and the costs of an appeal. It is important to remember that in family law, we have a discretion-based system that […]
Can I add back money my ex-partner has spent into our property pool?
When reviewing transactions in your ex-partner’s bank statements, it can be a tough pill to swallow seeing them spend significant funds on luxury holidays, fine dining and designer clothes, particularly when you have had to tighten the purse strings post separation before a final settlement is reached.
I have Crypto, how does it get treated in my property settlement?
Digital assets such as cryptocurrencies (think Bitcoin and Ethereum) are not new and by now, most of us know someone or are someone who has dabbled, if not regularly traded, in these assets.
Am I in a De facto Relationship?
A common question asked by clients is, “is there / was there a de facto relationship between my partner and I?” There is often a lot of confusion because the answer, is not always a straightforward one.
Can I record conversations with my ex-partner?
In Queensland, it is lawful to record a conversation with another person if you are a party to that conversation, even where you are recording the conversation without the other person’s knowledge.
Family Law and COVID-19 Vaccinations for Children
Among the many queries we have received relating to the COVID-19 pandemic (i.e. travel of children where parents live interstate, children travelling between residences where a parent is isolating, etc), one of the common disputes that has arisen is whether or not to vaccinate children.
My Ex has withheld our children from my care… what can I do?
Unfortunately, this is a question we are commonly asked over the Christmas period when tensions in separated families can often run high.
Keeping Property Separate Does Not Always Prevent a Property Settlement
The July 2021 Full Court decision of Oamra -v- Williams [2021] FamCAFC 117 (13 July 2021) is an important reminder that the discretion as to whether the Court should alter interests in property, pursuant to s79(2), is a highly discretionary one.
I Have been served with a Protection Order – What should I do now?
When a Protection Order Application is taken out by your ex-spouse, they are making allegations that you have committed domestic violence against him or her and / or you have threatened to commit domestic violence; and they are seeking an Order for protection against you.
Business Valuations – Is a range of possible values a good thing?
In Family Court matters, the parties will often engage a Single Expert Forensic Accountant to value a parties business interest as part of the overall identification and valuation of property interests.
The impact of inheritances in family law property division
A recent Full Court decision in June 2021, highlighted the fact that all inheritances are not treated equally.
