Tag: Property settlement

Capacity and Family Law – how a litigation guardian can help

17-March-2023 Family Law By Simone Green

Capacity and Family Law – how a litigation guardian can help? We usually think of legal ‘capacity’ in terms of whether a person can understand the nature and effect of signing a legal document such as a last Will. What happens however when a...

Ownership of property, it’s not what you think!

Family Law By Simone Green

Ownership of property, it’s not what you think! When it comes to ownership of property it is commonplace for couples to buy or hold real estate in the name of one partner only, either for asset protection purposes, or to keep their financial...

Key considerations when a Court decides to divide a couple’s assets

27-August-2017 Property,Family Law By Simone Green

The division of a couple’s assets by the Family Court is not simply a case of making a mathematical assessment of their relative financial contributions. The Court’s objective is to try and deliver an outcome that is just and equitable to both...

How to ensure your Financial Orders are effective

25-August-2017 Family Law By Simone Green

The focus of most Family Law matters is on getting a legal agreement (Financial Orders) in place regarding how property is to be divided by the separating couple. The execution of those orders is often forgotten in the process, so it is important that...

Who gets the family pet when couples separate?

23-June-2017 Family Law By Simone Green

One of the questions we are often asked in a family law context, is “What will happen to our pets?” From a family’s point of view, a pet is often considered part of the family. The legal principle, however, with respect to pets, is that a pet...

Does a short relationship make any difference in a property settlement decision?

10-March-2017 Family Law By Simone Green

Generally speaking, Family Law considers a relationship as ‘short’ if lasts less than five years. As with every property matter, however, the distribution of assets, superannuation and liabilities depends on the individual circumstances of the...