Tag Archive: family law

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…

You Want to Separate Under One Roof

  • September 11, 2017

You Want To Separate Under One Roof For many, a relationship breakdown brings logistical and/or financial difficulties that make it impossible for separate accommodation until an agreement on a full property division can be reached. As a consequence, many of these couples find themselves having to serve out a time of being separated whilst still…

Testamentary Trusts- Are they a good idea?

  • July 13, 2017

Testamentary Trusts – Are they a good idea?  A Testator’s Testamentary Trust is a special type of Will. Financial planners often recommend them but what are they and are they a good idea? Normally, the Will appoints an executor and gives to that executor the power to gather in the deceased’s entire estate and distribute…

Pre-Nuptial Agreements

  • June 5, 2017

Pre-Nuptial Agreements or “Pre-Nups” is a term that has grown out of the American Family Law system. These Agreements are made between intact (married/defacto) couples but which state how their assets are to be divided in the event of a future separation.  In Australia they are known as Binding Financial Agreements or BFA’s for short….

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- Do the Children ever get a Say

  • March 27, 2014

Relevance of Children’s Wishes On the breakdown of a family unit, decisions obviously need to be made about where the children are to live. For many, a good dose of common sense and child focus make it possible for agreements to be reached and adhered to with minimal quarrel. Sadly for others, the blinding effect…