Blog
Category: Property Settlement
How digital assets are divided in family law property settlement
In today’s digital age, it is no surprise that digital assets are becoming a prominent feature in family law property settlements. As more individuals and families build wealth and maintain assets online, the question of how digital assets are treated in a family law context is becoming increasingly important.
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Property valuations in family law proceedings
For most separating couples, the family home is their most valuable asset in both a sentimental and monetary sense. Its precise valuation is paramount in ensuring a fair distribution during a family law dispute. So, what happens when your ex doesn’t agree with your estimated value?
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Dealing with overseas assets in property settlement
In today’s globalised world, we are more connected with other countries than ever before. We are able to trade internationally with just the click of a button, resulting in many Australians owning foreign assets and investments. So, what happens with that overseas property after separation?
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Pre-action procedures before commencing proceedings in the Family Court
Before you can take your family law dispute to court, you must fulfil certain “pre-action procedures” to show the courts you have made a genuine effort to resolve your dispute before commencing proceedings.
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Can I secretly record my ex for family law proceedings?
If your communications with the other side start to get messy or out of control, sometimes there is panic and people can be tempted to covertly and secretly record conversations. It’s important to know that there are legal limitations as to whether those recordings can or will be considered in Court and whether they were legally taken at all.
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Can I claim more after finalising property settlement?
When a property settlement has been finalised after separation, the parties’ financial relationship ends on a full and final basis. However, there are some instances where the Court may set aside a property settlement in order to re-assess and possibly vary the outcome.
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Can I keep the engagement ring after separation or divorce?
This seems like a simple question, but the answer is far from simple. Who keeps the engagement ring after separation or divorce will depend on your individual circumstances. The issue of who keeps the ring is a question frequently asked of family lawyers.
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Can I use financial information disclosed during property settlement for another purpose?
During property settlement proceedings, documents may come into your possession that are relevant in other processes like child support assessments or spousal maintenance applications. We look at when you can share documents disclosed in one part of your family law proceedings for a separate part of your family law proceedings.
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Can I finalise property settlement without getting a divorce?
After separation or divorce, things can get confusing and sometimes overwhelming. There are often several family law processes all happening at the same time, and many of these will have timeframes you need to be mindful of and adhere to. In this article, we specifically look at the process of how divorce intersects with property settlement.
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The effect of family violence orders on property settlement
In most cases, the marital conduct of either party is not considered to be relevant to the division of property after separation. In some instances, however, family violence can impact the outcome of a property settlement.
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Property settlement and property owned before a marriage
If you’re considering separation or are in the process of separating, you may have given some thought to how assets owned by you may be treated in any property settlement proceedings. A common question family lawyers are asked is: “Will I be able to keep property bought by me before the marriage?”
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Disputes over who stays in the family home after separation
After the breakdown of a relationship, it would make sense for the parties to physically separate from one another by one of them moving out of the family home. However, sometimes people can’t agree on who should move out. So, who gets to stay in the family home if no one can agree?
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