August 12, 2017
Separation agreement

Financial Settlement in Divorce: In the Context of a 23 Year Relationship, the Weight of an Initial Financial Contribution May Not Be Offset by the Other Party’s Contributions So as to Support a Finding of Equal Contributions

Financial Settlement in Divorce: Introduction Oftentimes, a party to a property dispute will have owned property at the beginning of the relationship. The weight attributed to […]
August 10, 2017
Divorce House Ownership

Divorce Settlement: Assessing the Weight of Property Brought Into a Relationship

Divorce Settlement: Introduction Occasionally, a party to a property dispute will have owned property at the beginning of the relationship. The weight attributed to such property […]
August 10, 2017
relocation family law

Child Custody Laws: Can a New Relationship and Dire Financial Circumstances Justify Re-Litigating a Parenting Matter?

Child Custody Laws: The Rule in Rice v Asplund Viewed in the Context of a Subsequent Re-Location Application Under s 64B of the Family Law Act, […]
August 9, 2017

After Divorce Financial Settlement: How Does the Court Deal With Property Acquired After Separation?

After Divorce Financial Settlement: Introduction Ordinarily, the first step that the court would take in determining a property application is identifying and valuing the property of […]
August 8, 2017
Property Settlement After Separation

Financial Divorce Advice: Can a Disparity in Earning Capacity Be Minimized by the Distribution of Capital Under the Parties’ Proposed Property Orders?

Financial Divorce Advice: Do the Parties’ Proposals Affect the Court’s Decision to Effect an Adjustment Based on a Disparity in Income? Section 75(2)(n) provides that in […]
August 6, 2017
Marriage, Separation and Finances:

Divorce Financial Support: Supporting Your Spouse While They Complete a Course of Study or Training – the Full Court’s Approach

Divorce Financial Support: Does Providing for Your Spouse While They Complete a Course of Education or Study Matter? Section 75(2) of the Family Law Act sets […]
August 5, 2017
non-disclosure property family law

Financial Settlements Divorce: The Court’s Treatment of Disputed Debts When There Is No Independent Evidence and the Debtor’s Credibility Is in Doubt

Financial Settlements Divorce: Disputed Debts Sometimes a party to a financial dispute will allege the existence of a debt owed to a family member – usually […]
August 3, 2017
Divorce Property Settlement Guidelines

Financial Settlement After Divorce: Dividing Property When the Asset Pool Is Small

Financial Settlement After Divorce: How to Divide Property When There Is Insufficient Property to Distribute There are few reported decisions that deal with the issue of […]
August 2, 2017
parenting-property

Family Law Financial Settlement: How Does a Decline in Living Standards Post-Separation Affect the Division of Property?

Family Law Financial Settlement: How Do Living Standards, Both Before and After Separation, Affect the Court’s Assessment? Separation almost always lowers the parties’ respective living standards. […]
August 1, 2017
Marriage, Separation and Finances:

Court Order Divorce Settlement: When Is a Party’s Earning Capacity Affected by the Duration of the Parties’ Relationship and What Bearing Does It Have on the Court’s Decision?

Court Order Divorce Settlement: The Effect of the Duration of the Relationship on a Party’s Earning Capacity Section 79(4)(e) of the Family Law Act requires the […]
July 31, 2017
family law cases

Fair Settlement in Divorce: How Does the Court Consider Post-Separation Inheritances, Redundancy Payments, Long-Service Leave and a Poor Economy in the Context of a Property Dispute?

Fair Settlement in Divorce: Assessing the Weight of the Parties’ Respective Contributions When it comes to lengthy relationships, the court will usually assess contributions as equal. […]
July 30, 2017
Divorce House Ownership

Property Settlement Separation: Can Substantial Financial and Non-Financial Contributions Justify a Finding Other Than Equal Contributions in a Long Marriage?

Property Settlement Separation: Equality, or Thereabouts? In the majority of property disputes, especially those involving lengthy relationships, a court will assess the parties’ respective contributions as […]
July 29, 2017

Separation Legal Advice: Are So-Called “Separation Agreements” a Basis for Dismissing a Property Application?

Separation Legal Advice: Do Court’s Have a General Power to Dismiss Property Applications When the Parties Have Entered Into an Informal Agreement? When it comes to […]
July 27, 2017
Divorce Legal Advice

Divorce Legal Advice: Should the Amount Payable Under an Order for Spousal Maintenance Be Increased Due to Deteriorating Health?

Divorce Legal Advice: Can Worsening Health Justify an Increase in Spousal Maintenance? An order for spousal maintenance may be discharged, suspended, revived, increased, decreased or varied […]
July 26, 2017
Property in Divorce Settlement

Property in Divorce Settlement: Is Substantial Wealth a More Valuable Category of Contribution?

Property in Divorce Settlement: Weighing Substantial Wealth Against Domestic Contributions From 1999 until 2006, there was a series of a cases that dealt with the issue […]
July 25, 2017
Property Settlement After Separation

Property Settlement After Separation: How Does a Disparity in Earning Capacity Affect the Division of Matrimonial Property When There Is Little Property to Divide?

Property Settlement After Separation: The Implications of a Disparity in Income When There is Barely Enough Property to Achieve Justice Between the Parties High-earning, asset-poor people […]
July 25, 2017
Divorce Settlement With Children

Divorce Settlement With Children: Do Child Support Payments Compensate the Custodial Parent for Raising Children?

Divorce Settlement With Children: Child Support Payments, the Care of Children and Their Affect Upon the Court’s Assessment of the Parties’ Financial Circumstances One of the […]
July 19, 2017
Divorce Legal Advice

Divorce and Financial Settlement: Difference in Income May Support an Adjustment in Favour of the Lesser Earning Party

Divorce and Financial Settlement: Is Financial Need a Requirement for an Adjustment on the Basis of a Difference in Income? A disparity in the parties respective […]
July 17, 2017
Divorce Settlement Advice:

Divorce Settlement Advice: Does Looking After Your Partner’s Children Matter in a Property Dispute?

Divorce Settlement Advice: Is Caring for Your Partner’s Children Taken Into Account in Property Proceedings? With the emergence of blended families, one issue that often looms […]
July 17, 2017
non-disclosure property family law

Family Law Property Proceedings: Non-Disclosure May Justify Findings in Favour of the Innocent Party

Family Law Property Proceedings: Non-Disclosure of Assets As has been stated elsewhere in this blog, non-disclosure by one party may result in factual findings favouring the […]