They are property issues and superannuation. Superannuation Legislation for many years was not property under the Family Law legislation and the Court had no power to deal with it although the Court, to overcome this difficulty, made an adjustment to a party’s interests and in some cases extreme adjustments to…
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In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure. The Duty of full and frank disclosure is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in…
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Preparing an Airtight Binding Financial Agreement Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreement requires the parties to disclose their financial position, provide reasonable…
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What Happens to Home Loans, Mortgages and Properties After Divorce? One of the biggest concerns of parties whose marriage has broken down is what happens to financial resources and debt during this process. When it comes to matrimonial assets, one of the main considerations is whether the party who resides…
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What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending time with the other parent, there are some simple things you can do to try and avoid this…
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Who Liable for Financial Support During Pregnancy? What happens if you are pregnant and the father is longer willing to raise the child or provide pregnancy financial assistance? Is the father still liable to pay relevant costs? Essentially, the answer is - yes. The biological father of a child is…
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HELP! I've Got An Executor Dispute: Can I Remove an executor of wills? It is not uncommon for clients to raise they are frustrated with how the executors of wills is administrating a deceased person’s estate. These complaints typically arise from beneficiaries to a Will, being the category of person…
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If the Billionaire Kobe Bryant Died in Australia, Who Will get his Properties? If Kobe Bryant was an Australian, resided in Queensland, and died without a valid Will (“intestate”) the laws of Queensland would decide how his vast estate would be divided. Because he had a wife and children it…
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Property Valuation in Family Law Proceedings Commonly when two parties separate or divorce, the family home (also referred to as the matrimonial home) is typically the most valuable asset. As with most separations, one party moves out of the matrimonial home following the breakdown of the relationship, leaving questions of…
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What Happens If My Ex Won’t Sign the Divorce Papers? Divorce can be a very difficult time in both parties’ lives. Sometimes after the breakdown of a marriage, one party has difficulty in accepting this fact and may refuse to sign divorce papers. Other situations might involve a controlling ex-partner…
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