All publications relating to ‘Annette Wilson’
Family Law | Draft law puts the spotlight on super
Superannuation is in the Family Law spotlight with the announcement of a new information-sharing proposal involving the Australian Tax Office (ATO). New Federal Government legislation, if passed, will allow a party to Family Court proceedings to apply to the Court for access to ATO information about a former partner’s superannuation interests. It would…
Family Law | What is Superannuation Splitting in Family Law?
When couples separate, there is often confusion about whether superannuation becomes part of the property pool to be divided. The short answer is yes. Superannuation has always been seen as a different kind of asset to, for example, the matrimonial home. However changes to the law in 2002 allow the Family Court to…
Family Law | Relationship breakdown: how do we sort out maintenance?
Working out how the everyday expenses will be met is one of the biggest challenges for people when they separate from a relationship. Worrying about how to manage short-term finances can result in parties trying to delay separation because one or both parties cannot imagine how they will be able to…
Family Law | It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will not be included in the property pool to be divided between the parties. The issue has been highlighted in many cases before the Family Court including inheritances, lottery wins and other ‘windfalls’…
Family Law | Spouse maintenance: 10 frequently asked questions
What is spouse maintenance? Spouse maintenance is money that is paid by one party to a marriage or de facto relationship to the other party, to support them financially after separation. It can be paid as agreed between the parties, otherwise the Family Court can order payment either periodically (such as…
Family Law | I want to relocate with my child — can I go?
Following separation, one of the parties may to want to move to another city or interstate. Sometimes this is triggered by an offer of employment; sometimes it is a desire to return to the parent’s own family, and at other times it might be just to get away from the old…
Family Law | What will the Court do if we can’t agree about our child’s religion?
Typically, Parenting Orders cover such matters as where the child will live; when they will spend time with the other parent and which school they will attend. And if religion is an important issue for parents, and the child is aged under 18 years, the Court has the power to make…
Family Law | A word about gifts in your family law property settlement
Weddings, engagements, birthdays, Christmas … at some stage most of us will make a generous gift to a loved one. It could be cash for a house deposit, a car, a lovely piece of jewellery or a valuable family heirloom. This article looks at how the Family Court and Federal Circuit Court have treated different kinds of…
Mediate, collaborate or litigate — resolving your Family Law matter
There are a number of ways in which you can resolve your financial and parenting issues after a relationship breakdown. The first and least expensive way to resolve these issues is to discuss them with your partner and attempt to come to an agreement. You should obtain legal advice before attempting to resolve the…
How are pre-relationship assets treated in a property settlement? Are they included or excluded?
After separation the parties to a marriage or a defacto relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include all assets held jointly or individually whether they were acquired prior, during or after the relationship. It does not matter which partner paid for the…