All publications relating to ‘Family Law’
Divorce and Separation — What you need to know
How long do I have to be separated before I can divorce my spouse? A divorce is the Court’s recognition that a marriage no longer exists and a separation shows your intention to divorce. In Australia you are required to be separated for a period of 12 months before you can make an Application for Divorce…
Superannuation and relationship breakdown
The Australian Financial Review recently ran an opinion piece (by Tim Mackay) on the ATO announcing that it is using a “top 100 SMSF” list to “target aggressive tax planning arrangements.” The top 100 SMSFs reportedly control a combined $8 billion. Superannuation is a tax effective way to save for retirement, and while…
An employment and family law guide to family and domestic violence in the workplace
Introduction In 2018 Family and Domestic Violence Leave was introduced to the Fair Work Act 2009 (Cth) (Fair Work Act) and as a model term in modern awards. This initiative came after a strong campaign from trade unions and community groups. However, family and domestic violence is a topic that many employers do…
Commissioner of Taxation v Tomaras: High Court rules that tax debts can be transferred between spouse parties
Generally, debts of parties to a marriage (or de facto relationship) which were incurred during the marriage, are paid out of joint assets as part of a final property settlement. It is not uncommon for parties to pay out any debts owing to the Australian Tax Office, as part of this process. However…
We can’t agree about our child’s religion. What will the Court do?
In determining parenting arrangements for children, the Court’s paramount consideration is to make Orders which are in the best interest of the child. There are a number of different factors the Court will look at, in determining what arrangements are in a child’s best interests. Generally, a child’s religion is a matter for parents to…
‘Tis the season: a word about gifts in your family law property settlement
It’s the time of year where most of us are busily engaged in buying last-minute gifts for our friends and loved ones, looking for that perfect gift. For some of us, that will involve very generous gifts to our family members, perhaps of money for a house deposit, a car, a lovely piece of…
Informal Property Settlements: When will the Court decline to make Property Settlement Orders?
The recent appeals decision in the matter of Horrigan & Jennings [2018] FAMCAFC206 has highlighted the willingness of the Court to decline to make property settlement Orders, where it is not just and equitable to do so. In this somewhat unusual matter, the parties were in a de facto relationship from 1987, with…
The Role of Expert Evidence in Family Law
If you are separated and looking to obtain a final property settlement, the very first step you will be required to take is to identify the matrimonial asset pool. This involves identifying each of your respective assets, liabilities, financial resources and superannuation interest in order to ascertain the net assets that…
But What Does It Mean? Interpreting Binding Financial Agreements
Parties generally enter into Binding Financial Agreements at the beginning of a relationship, to protect the assets they bring into the relationship, and to govern how assets acquired after the commencement of the relationship are to be divided, in the event the relationship breaks down. While these Agreements are supposed to make…
Death and family law property proceedings
If you and your former partner are unable to agree to the terms of a property settlement, one of you will have to apply to the court for property settlement orders. Litigating family law proceedings can be a lengthy exercise, but what happens if proceedings have been commenced and then a party to…