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Category: Property Settlement


Understanding the total asset pool in property settlement

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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Appeals process in the Federal Circuit and Family Court of Australia

Appeals process in the Federal Circuit and Family Court of Australia

With the commencement of the Federal Circuit and Family Court of Australia (FCFCOA) on 1 September 2021 came a new appeals process for matters within the family law court system.
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The National Contravention List to Enforce Family Court Orders

The National Contravention List to Enforce Family Court Orders

On 18 August 2021, the Family Court of Australia and the Federal Circuit Court announced the launch of a new National Contravention List designed to handle ongoing problems associated with compliance with Family Court Orders. The NCL took effect on 1 September 2021.
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What is a pre-trial conference in family law matters?

What is a pre-trial conference in family law matters?

A family law pre-trial conference is similar to a mediation-style conference, however, it is conducted by a Registrar of the Court rather than a mediator. Pre-trial conferences are only held in respect of financial disputes and parenting disputes.
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Divorce is only one part of finalising separation from your partner

Divorce is only one part of finalising separation from your partner

To finalise separation from your partner, there are a number of issues that should be considered and addressed over and above obtaining a Divorce Order (if you were married) or simply moving on with your life if you were in a de facto relationship.
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Borrowing from the Bank of Mum & Dad; what happens if we separate?

Borrowing from the Bank of Mum & Dad; what happens if we separate?

The “Bank of Mum & Dad” is the colloquial term used to refer to parents financially helping out their children and is larger than some of the most established and well-known banks, including AMP and HSBC.
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What is a Single Expert Witness in Property Matters?

What is a Single Expert Witness in Property Matters?

If parties cannot agree on the value for particular property, the family law system requires a valuation to be obtained by an independent expert, known as a Single Expert Witness.
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Is my inheritance protected after separation or divorce?

Is my inheritance protected after separation or divorce?

Unfortunately, inheritance is not a protected asset or property in family law matters when married spouses or de facto partners separate. Due to the broad discretion afforded to the Family Law Courts in Australia, the treatment of inheritances can be a vexing issue in property settlement matters.
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Family law and superannuation splitting

Family law and superannuation splitting

Aside from the family home, superannuation has become one, if not the most valuable asset accumulated by individuals during their working life. In this blog, we look at how superannuation is treated in family law property settlement and the concept of superannuation splitting after separation or divorce.
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Breaching Family court orders – what can I do?

Breaching Family court orders – what can I do?

As family lawyers, we often come across instances where there are court orders in place (either interim orders or final orders), and one party is not complying with their obligations under the orders.
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Time limits for family law property settlement

Time limits for family law property settlement

Time limits apply in family law proceedings for property settlement and spousal maintenance matters. If you separate from your partner (whether married or in a de facto relationship), you will need to commence your property settlement proceedings within the specified time limits.
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Legal costs in Family Law proceedings

Legal costs in Family Law proceedings

Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
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