How Do Living Standards, Both Before and After Separation, Affect the Court’s Assessment? Separation almost always lowers the parties’ respective living standards. It is very rare that the parties can continue living at the same pre-separation standard after they have...
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 in assessing the parties’ contributions will depend on: The parties’ overall...
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...
Debts Incurred During a Relationship That Has Broken Down Adair & Milford [2015] FamCAFC 29 Valuing the property of the parties in the context of proceedings under s 79 of the Family Law Act involves deducting the value of the parties liabilities from the gross...
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...
Surridge & Surridge [2017] FamCAFC 10 Parties to a property dispute are required to provide full and frank disclosures of their financial circumstances. They are bound by this obligation both before, and after, proceedings have commenced. Where a party has failed...