Category: Family Law

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...

The recent case of MacDowell and Williams and Ors has raised an interesting ethical and legal question regarding how far the Courts should interfere in the private financial affairs of third parties when determining the future financial resources of the...

Separating from a relationship can be a difficult and emotional time in people’s lives, but there are some practical first steps worth taking to prevent protracted legal arguments and expense when the time comes to finalise a property settlement. If...

In June 2012, several changes were made to the Family Law Act to better protect children and families at risk of violence and abuse. Amendments made by the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) seek to...