Blog
Category: Property Settlement
What is considered “property” in Australian family law proceedings
In order to identify and value the parties’ property, it is imperative to understand what is “property” in Australian family law proceedings.
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Dealing with property and assets after a de facto relationship breakdown
Casual and recent commentary from our High Court has created confusion and uncertainty around de facto relationships. Just because you are not living under the same roof or bound by a certificate of marriage does not necessarily mean you are not in a de facto relationship.
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Global vs asset-by-asset approaches to family law property settlement
Following separation, parties to a relationship are entitled to divide the assets of a relationship by way of family law property settlement. Most commonly, parties will pool all the assets and liabilities before commencing negotiations for the property settlement. Another less common approach is the asset-by-asset approach.
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Visibility of superannuation assets in family law property settlement
It is not uncommon for parties to family law proceedings to hide or under-disclose their superannuation assets. Laws introduced in April 2022 have significantly improved the requirement for visibility of superannuation assets in family law matters.
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Can property Consent Orders be set aside by the Court?
If separated parties have reached agreement regarding their property settlement, this is often formalised by filing an application for Consent Orders with the Family Court. Once the application is filed, a judicial officer will review it, and if satisfied, the Orders will be sealed and made into Final Orders.
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How does property settlement work in short relationships/marriages?
The outcome of property settlement for different couples is never the same due to a number of factors. In this blog, we are going to look at how a short marriage or short relationship (a couple of years as opposed to, for example, several decades) may impact property settlement negotiations and finalisation.
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My ex-partner is delaying our property settlement
When separating from a former spouse or de-facto partner, it is common for parties to work together to reach a settlement on their financial relationship so both parties can move on to the next stage of their life. However, it is just as common for one party to delay finalising that property settlement.
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Taxation Implications in family law property settlement
Several tax considerations often arise during family law property settlements, whether it is settlement by consent or the matter goes to trial in the Family Courts.
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How does the first home owner’s grant affect my property settlement?
Grants, including the first home owner’s grant, are most relevant in family law property settlement negotiations when real property is owned in joint names, and grants are received in joint names tied to that real property.
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Will infidelity impact my property settlement?
When infidelity is a contributing factor to separation, common questions asked of family lawyers often relate to property settlement and whether one party can claim more from the cheating partner.
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What happens if I die before my property settlement is finalised?
Many separated partners try to resolve their property settlement as soon as possible. However, there are many reasons property settlements are not finalised as quickly as parties desire. In this blog, we explore what happens if one party dies before the property division is finalised.
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Understanding the total asset pool in property settlement
In family law property settlement matters, an asset pool is the total value of all the assets of the relationship. Understanding the full makeup of your asset pool is crucial to getting your fair share in property settlement after separation.
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