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.
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.
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.
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.
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.
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.
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.
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.
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?”
It is becoming more commonplace for family members to provide financial assistance to other family members. How that arrangement is treated if you end up in family law proceedings can have a significant consequence on the outcome of a property settlement.
It’s not unusual for someone to look at re-evaluating obligations under Final Orders made by the Family Court in property matters and/or parenting arrangements. The question is, can those Final Orders (including Consent Orders) be changed?