Category: Family Law

Since 2009, de facto relationships have been included and defined in the Family Law Act 1975. Previously, when de facto couples had a legal dispute, it was handled by State law. The 2009 amendments provided for the family courts to have jurisdiction over...

Property Final Inspection before Settlement If you have ever purchased a property, you would have faced that nervous day three days prior to settlement, where you were invited to inspect the property. But what is it that you looked for when you did your...

    The Family Court can legally restrain a solicitor from acting for a client on the basis of a conflict. In a recent property proceedings case, (House & Altimas [2012] FamCA 625, 3 August 2012), the applicant husband applied for an order...

In many property cases, a business’s plant and equipment may need to be valued. But which valuation method should be used – an ad hoc sale approach or market value? Such a situation arose in a recent case (Martin & Crawley [2012] FamCA 1032 on...

We are commonly approached by people who are unhappy with orders that they have agreed to with their former spouse but now consider to be unjust.  This is particularly so in respect to property settlements. Once orders have been made, however, it is...

In recent years, the number of international family disputes has significantly increased. As a result, the number of international family law cases coming before the courts has also jumped dramatically. The increase in the breakdown of marital...

How often and for how long can young children stay with the non-resident parent? This is a common question in Family Law custody disputes. Studies have been conducted which seek to answer three related practical questions:  At what age and in what...

It is not uncommon in marriage breakdowns, particularly in cases where one partner owns a business enterprise, for the estranged spouse to make allegations in respect to their ex-partner’s fraudulent use of cash from that business or incorrect...

    If you have recently divorced, you only have 12 months to negotiate, settle and formalise a property settlement with your former spouse. If you have not finalised your property settlement and it has been more than 12 months since your...

A recent case in England has highlighted the need for parties involved in property settlement proceedings in the Family Court to be frank with their finances and disclose all financial information. A property tycoon in London was sentenced to six...