So, you and your spouse have decided to separate – what comes next? The first thing you should do is make a plan, even if the split is amicable. Here’s our “quick tips” on what to do if you have just separated. Start a diary. Take notes and keep everything that happens between the [...]
The Federal Circuit and Family Court of Australia has the power to order you to attend a Family Dispute Resolution (FDR) conference. This helps people come to an agreement about parenting arrangements in a respectful manner. Anything that happens during a court-based FDR conference is confidential, unless threats of harm are made to anyone [...]
Total and Permanent Disability (TPD) pensions are part and parcel of most superannuation packages. But in the event of separation and divorce, are those TPD pensions included in the property pool? A TPD pension provides a safety net for people who can no longer work due to a disability or injury which occurs during [...]
We’re living in a digital age and dividing up the cryptocurrency is becoming increasingly relevant to divorce proceedings and property settlements. Firstly, what is cryptocurrency? Essentially, it’s a digital form of money that can be transferred electronically from one person to another, via a “wallet” or online exchange. Cryptocurrency exchange is traced by a [...]
Australia’s rental crisis is having an impact on families and family law cases. With the cost of rent rising beyond wage increases, and the diminishing number of properties available to rent, more families are feeling the pressure and for many separating couples that pressure is even more acute. For single parents, 82 per cent [...]
Separation and divorce are already a taxing time, but when it comes to property settlement, don’t forget to include just that – tax considerations. When negotiating a property settlement with your ex-partner, it is important to consider any potential Capital Gains Tax (CGT) concerns. CGT refers to the tax payable on the profit – [...]
Following our end-of-financial-year annual review process, we are delighted to announce a series of well-deserved promotions and would like to extend our sincere congratulations to the following individuals: Skye Griffin -Paralegal Rachelle Rigney - Paralegal Lotus Paterson - Paralegal Mel Nichols - Accounts/Support Staff Supervisor Cera Sinclair - Graduate Solicitor Amanda Johnstone - Senior [...]
In a previous article (Inheritance in property settlements - Michael Lynch Family Lawyers) we addressed the Court’s general view in relation to inheritances received during and after a marriage. In the recent case of Shnell & Frey (2021), the Court considered the impact of multiple inheritances received at different times during and after the [...]
In some family court proceedings – but not all – an Independent Children’s Lawyer (ICL) is appointed to represent the best interests of any children involved. An ICL will only be appointed in parenting cases and is usually fully funded by Legal Aid. You can ask the court to appoint an ICL, in which [...]
How long, for family law purposes, do a couple have to be together to be in a legally defined De Facto relationship? Section 4AA of the Family Law Act 1975 (Cth) provides the definition of a de facto relationship for family law purposes. Generally, the courts will consider a couple as being in a [...]
