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
Property Settlement After Separation

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 14, 2017
binding financial agreement

Binding Financial Agreements: What Is “Hardship” for the Purpose of Setting Aside a BFA?

Introduction Section 90K of the Family Law Act sets out a number of grounds upon which a binding financial agreement may be set aside. Among these […]
July 8, 2017
Marriage, Separation and Finances:

Marriage, Separation and Finances: Negative Contributions – Is There Such a Thing in Family Law Property Disputes?

Marriage, Separation and Finances: Family Law Property Disputes and Negative Contributions Property disputes occasionally involve a party who either deliberately or recklessly disposes of assets in […]
July 3, 2017
Divorce House Ownership

Divorce House Ownership: Maintaining Separate Finances Could Mean That You Keep Your Home

Divorce House Ownership: Why Stated and Unstated Assumptions About Property Matter In the vast majority of cases, the court will readily find that the parties held […]
March 22, 2017
non-disclosure property family law

Duty of Disclosure Family Law: The Court’s Approach to Non-Compliance in Property Proceedings

Duty of Disclosure Family Law: Dealing With Delinquent Litigants Parties to a property dispute are required to provide full and frank disclosures of their financial circumstances. […]
March 20, 2017
Divorce Property Settlement Guidelines

Divorce Property Settlement Guidelines: How Previous Decisions and Initial Contributions Influence the Court’s Assessment of the Parties’ Entitlements

Divorce property settlement guidelines: Divorce Property Settlement Guidelines: What Are the Boundaries of a Court’s Discretion to Make Orders Concerning the Division of Property? The court […]
March 16, 2017
discretionary trusts and divorce

Discretionary Trusts and Divorce: Are Trust Assets Available for Division?

How Do Courts Deal With Discretionary Trusts and Divorce? A trust is an obligation to deal with assets for the benefit of either a class of […]
March 13, 2017
debts in divorce

Debts in divorce: the court’s approach to debts incurred by a single party

Debts Incurred During a Relationship That Has Broken Down Valuing the property of the parties in the context of proceedings under s 79 of the Family […]
March 13, 2017
Finances after separation

Finances After Separation: Domestic Contributions May Offset Substantial Financial Contributions

Finances After Separation: Who Gets Credit Post-Separation Contributions Oftentimes, the parties to a broken relationship will continue to make contributions after separation. The weight attributed to […]