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Case Evaluation

Fill in this simple divorce case evaluation form for free consultation from a family lawyer, experienced in financial and property settlement matters.

Financial Settlement in Divorce

Financial Settlement in Divorce Lawler & Lawler (1988) 12 FamLR 319 Oftentimes, a party to a property dispute will have owned property at the beginning of the relationship. The weight attributed to such property in assessing the parties’ overall contributions will...

Are Trust Assets Available for Division?

How Do Courts Deal With Discretionary Trusts and Divorce? Kennon v Spry (2008) 238 CLR 366 A trust is an obligation to deal with assets for the benefit of either a class of persons called “beneficiaries” or for a charitable purpose. This obligation is binding on a...

The Best Interests Principle in Detail

Whenever the court makes a parenting order, it must regard the child’s best interests as the paramount consideration. This is the paramountcy principle. Section 60CC of the Family Law Act sets out two categories of consideration that the court must take into account...

Spousal Maintenance and Child Support

“Maintenance” refers to virtually any form of material provision enabling an adult or child to live above mere subsistence. Under s 80(1) of the Family Law Act, a court is empowered to make such orders as it considers proper for the provision of spousal maintenance....