DIVORCE: Can one spouse kick the other out of the house?
- April 7, 2020
DIVORCE: Can one spouse kick the other out of the house? In the breakdown of any marriage or defacto relationship, the law gives to each of the spouses the right to apply for a Court Order that will force the other spouse to exit and remain away from the family home. There are two ways…
DIVORCE: How do you divide up Superannuation?
- March 9, 2020
DIVORCE: How do you divide up Superannuation? For many Australians, Superannuation is one of the most valuable assets they own. Consequently, the right to seek a division of Superannuation and the process by which it is done often becomes a critical part of the asset division following any relationship breakdown. Here are some of the…
DIVORCE: Liars Beware!
- February 10, 2020
DIVORCE: Liars Beware! For many persons facing a relationship breakdown, there is often great worry that the other (now ex) spouse will give in to all of the negativity of the separation and unleash a tirade of abuse and untruths. Although abuse can be very confronting, it is generally easy enough to spot and it…
Divorce – Property Division
- October 17, 2018
IS IT NECESSARY TO DOCUMENT THE PROPERTY DIVISION DEAL? When a couple decides to separate, decisions of course must be made about the division or disposal of assets and liabilities. For some, the stakes and/or the emotions run so hot and high that nothing can be resolved without the assistance of Lawyers and Courts. For…
When Is It Ok To Stop A Child From Seeing The Other Parent?
- August 27, 2015
When parents separate, the overall message from all of the literature and good counsel is that each should do everything in their power to keep their children out of the fight. In many cases however, low levels of trust driven by high levels of perceived parental incompetence can provoke a parent into the belief that it…
Selling a Property on Behalf of a Separating Couple
- April 30, 2015
DIVORCE – FAMILY LAW 101 THINGS YOU SHOULD KNOW Every Real Estate Agent that has ever walked the earth will no doubt at one stage or another be approached by either an individual or a couple with a request to sell a property as a consequence of a break down in a marriage or a…
Divorce – To Gift or Not to Gift?
- February 4, 2015
With the cost of housing and general living expenses these days sky rocketing, parents of adult children and even grandparents and extended family are understandably often motivated to provide some financial assistance to their children as they begin to take their first steps into the adult world. In the situations where the children themselves are…
Divorce and Competing Religious Beliefs
- July 29, 2014
According to some sources, there are presently as many as 4200 major separate religious affiliations to which members of the Australian population could potentially belong (4200 +1 if you count the religious order of Jedi knights as more than 70,000 Australians tried to do in the 2001 census). Given that there is now around 20%…
Divorce- What to do when you can’t agree on the value of the assets
- July 10, 2014
In plenty of family law cases, spouses are actually able to agree on what the percentage division should be, for example, 50/50, 60/40 etc, but then find themselves locked into serious conflict over how that percentage division should actually be achieved. In these conflicts, the point of argument is almost always turns on the question…
Divorce and dividing up of Assets
- November 28, 2013
Following the breakdown of a marriage or a defacto marital relationship, the separating couple will obviously need to tackle the task of dividing up their assets. With trust and respect running at an all time low and emotional distress often running at an all time high, reaching agreement on these issues often represents a real…