Articles
Category: Property Settlement
Family Court hearings – Interim Hearing
In family law proceedings, Interim Hearings are generally scheduled after a First Return Hearing and once you and your former partner have had an opportunity to resolve interim issues by consent but have been unable to do so. As the name suggests, decisions made at an Interim Hearing are on a temporary or interim basis.
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How is inheritance treated in a family law property settlement?
When negotiating property settlement after separation, how an inheritance is treated can vary. Judges in family law matters have wide discretion to decide whether it’s included in the asset pool and, if so, how it should be divided.
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Can I finalise a property settlement without getting divorced?
There appears to be a common misconception that you need to be divorced to commence or finalise your property settlement or that property settlement and divorce are both part of the same process. This is incorrect and likely an urban myth.
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Can I use information disclosed during my family law matter for other purposes?
Documents received and/or disclosed during family law proceedings cannot be used for any other purpose other than what they were provided for. This is due to an implied undertaking or obligation to the Court, known as the Harman Undertaking.
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What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a type of mediation. It can be used by separated couples to resolve parenting and/or property disputes. We explore the types of FDR available to parties (both before and after court proceedings have commenced), the FDR process and commonly asked questions.
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Can I secretly record my former partner for family law proceedings?
Family law proceedings are often messy, tiresome, and emotionally driven. In these circumstances, secretly recording your former partner to gather evidence for court proceedings may be tempting.
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Pre-action procedures in family law - what do they mean for you?
Before taking a family law dispute to court, separated couples are required to make a genuine effort to resolve parenting and/or property disputes by following certain steps known as the pre-action procedures.
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Family Court hearings – the First Return Hearing
After filing your initiating court documents, your matter will be listed for a First Return Hearing in the Federal Circuit and Family Court of Australia. A First Return Hearing is a procedural hearing and, as the name suggests, is the first Court event after you have filed an application to have a matter dealt with by the Court.
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The difference between a loan and a gift in family law
When the financial climate is strained, it is common for parents to financially assist their children. How this financial support is given is important; was it a gift or a loan? This has a different effect on property settlement should the couple separate.
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De facto property settlement in family law
In Australia, if you’re separating from your partner and working through property settlement, the law treats those in a de facto relationship the same as those who are married. But there is a common question that arises quite frequently: How do I know if I’m in a de facto relationship and how do I prove it?
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Valuations in Family Law
Are you separated/divorced and entering into property settlement negotiations with your former partner? One of the first steps will be to determine the value of your assets, liabilities and any financial resources but what happens if you can’t agree on values?
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How to Negotiate a Fair Property Settlement Agreement
Negotiating a property settlement agreement is a significant step in moving forward after a separation or divorce. It's essential to approach the process with clarity, patience, and a focus on finding a fair and equitable solution.
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