News & Resources

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News & Resources

Family Law Q&A

We have decided to separate. I want to sort out a property division as soon as possible. Do I have to be divorced first? The simple answer is ‘no’. This is a common misconception amongst the public. Divorce is granted on the basis of the…

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Are you running out of time to resolve your family law property division?

Be aware of the time limitations that apply Did you know, in the Australian Family Law system, legislation is set up to provide time frames for couples to bring an application to the Courts to finalise property matters with your former spouse or de-facto partner?…

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What to Do If Your Former Partner Refuses to Return a Child

holding hands

Having children is no doubt one of the greatest gifts in our lives. When they are born, you expect to always be there for them and to care for them. Unfortunately, when relationships come to an end, sharing the care of your children with your…

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The tax risks of becoming a company director?

Many company directors are aware that they can be held personally liable for the debts of a company if they have given a personal guarantee or if they allow the company to trade whilst insolvent. However many directors are unaware of the circumstances in which…

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The risks of acting under an Enduring Power of Attorney

What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPOA) is a document that appoints a person (the attorney) to make legal and financial decisions on behalf of the principal, once the principal is unable to manage their affairs. The principal can…

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What happens to your superannuation when you separate?

When a marriage or de facto relationship breaks down, property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties as a part of their property settlement. Superannuation…

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Do I have to disclose my financial circumstances when I separate

FAMILY LAW – FINANCIAL DISCLOSURE Parties to financial family law cases have an ongoing duty to disclose the material facts relating to their financial position. This is set out by rule 13.04 of the Family Law Rules, which says that a party to financial proceedings…

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Loss of Mental Capacity

As many of our parents grow into the latter years of their long life, the effects of age on the elderly mind can often be observed. This effect can be gradual with the gradual onset of Illnesses such as dementia and Alzheimer’s, but can also…

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The Impact of Same-Sex Marriage on Property Settlements, Divorce & Inheritance

Same sex marriage in Australia has been legal since 9 December 2017 under the Marriage Amendment (Definition and Religious Freedom)Act 2017. The option of marriage for same-sex couples has conferred a number of benefits and rights previously denied to them. Some of those rights include:…

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What is a de facto relationship?

Many clients understand that entering into a de facto relationship can confer certain rights and responsibilities akin to being married. However it is often hard to pinpoint the exact point in time at which a girlfriend or boyfriend becomes a de facto partner for family…

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