In a recent case the court had to decide what weight to give to a husband in a property settlement, for an inheritance he had received from his mother’s estate. Facts: Both husband and wife were 64 years of age at the time of the trial and they had been married for 38 years. They [...]
Background The law in relation to how superannuation is treated in a family law property settlement changed dramatically in 2002 with amendments to the Family Law Act. Prior to December 2002, the options for dealing with superannuation in a property settlement were very limited. Since 2002, superannuation is now treated as ‘property’ and is able [...]
If a spouse who is going through a separation is getting counselling support, they will usually prefer that process be kept private. In Family Court proceedings that privacy is difficult to achieve. In a recent case, a husband demanded that the wife disclose to him what psychologist she had seen. The father requested that the [...]
The Family Law Act provides a very broad scope for what can be included in a property settlement. But what happens if an asset is acquired by one spouse after separation – is that included? The court recently considered this interesting question. The Facts: The parties were married and had been together for 17 years [...]
There is nothing stopping a former wife changing from her married name back to her maiden name after a separation. However, changing a child’s surname is very different. In considering whether a child’s surname should be changed the court has set out various factors. Factors that need to be considered include: The welfare of the [...]
Spouse maintenance is available under the Family Law Act for married couples or for defacto couples. Spouse maintenance is not gender specific. For a spouse maintenance entitlement to arise there must be a significant difference in the spouses’ income at the date of separation. If the relevant criteria is satisfied then the spouse with the [...]
When final property settlement orders are made there is limited scope for one of the spouses to have it set aside. A recent case has considered at an interim hearing whether the failure by one of the spouses to disclose relevant information is reason enough to set aside an order. Here are some facts: The [...]
Yes, it’s hard to believe, but the Easter school holidays are approaching and for those in Brisbane and the Gold Coast, the Commonwealth Games. All up, it’s a busy time! For separated families, negotiating the kids’ holiday arrangements this time of year can be a challenge. So, what can separated parents do to make the [...]
In a recent case the mother wanted the father to have ‘no contact’ with the child. The mother alleged there was an ‘unacceptable risk’ to the child if contact were to occur. So what is this concept of ‘unacceptable risk’ that frequently comes up in family court parenting cases. The court decision last month provides [...]
A dad who owed $350,000 in child support repaid the entire bill on the spot when he was prevented from boarding a flight overseas. The father was stopped with a departure prohibition order (DPO) from the Child Support Agency in December as he tried to leave the county and avoid paying the claimed child support [...]
