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 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 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 […]
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. […]
October 10, 2016
Divorce entitlements

Divorce entitlements: the property pool and adding back pre-mature distributions of property

Divorce entitlements: when should pre-mature distributions should be added back? This blog summaries the decision of Talbot & Talbot [2015] FamCAFC 132 as an example of […]