Family Articles

Can an Inheritance be Quarantined? A vexed question which frequently confronts many a will maker is how can a benefit left via a will to an adult child be protected if that beneficiary later experiences a marital or de facto breakdown.  In reality it is difficult to quarantine inheritances in divorce settlements where the inheritance… Read more »

De Facto Relationships a Matter of Time

by | Family

Recent decisions of the Full Court of the Family Court re-emphasize the importance of keeping a keen eye on dates when living in a de facto relationship. De Facto Relationships – Critical Dates There are two critical dates that should be borne in mind. The first date is the date on which cohabitation in a… Read more »

Divorce Property Settlement and Asset Protection Legal and financial advisers often recommend that assets be held in the name of the spouse with the lower risk profile.  This is a simple but effective asset protection mechanism because it means that assets will be protected if the spouse with higher risk profile is sued.  Unfortunately people… Read more »

Estate Planning Challenges Created By Blended Families Modern families are becoming increasingly complex in their structure. In 2016 approximately 6.4% of families were “step-families”, that is a family comprised of two adults and one or more children who are not the biological or adopted child of one of the adults. Almost 3.7% of families were… Read more »

Duty of Disclosure to Former Spouse

by | Family

You and your former spouse have a duty to give each other all relevant information about your respective financial situations.  The parties and the Court are entitled to this information so that they can form an accurate picture of each party’s income, expenses, assets, liabilities and financial resources. What is ‘relevant’ information? Usually it is… Read more »

Liability to Mortgage Repayments After Separation

by | Family

Am I still liable to pay the mortgage repayments if I move out of the family home? When a couple separates, one partner usually continues living in the family home and the other party lives in rental accommodation. We are frequently asked whether both parties should contribute towards the mortgage payments, or if it is… Read more »

Binding Financial Agreements Between Spouses

by | Family

Are you married or living with your partner (or planning to do so)? Do you worry about how your assets and superannuation will be dealt with if you separate? A Binding Financial Agreement is a legally binding document which sets out your agreement about how assets should be divided if you separate from your spouse… Read more »

Change the Locks after Spouse Moves Out?

by | Family

You are entitled to your privacy and security in your home. You can ask your partner to hand over their spare keys to the property when they move out. If your partner refuses to hand over their spare keys, if you are worried about your safety and/or if they attend at your home suddenly, you… Read more »

Property Settlement Where House in Ex-Partner’s Name

by | Family

All assets are taken into account in a property settlement regardless of who has legal title to the asset. Even if your ex-partner is the registered owner of the property, you may be entitled to a share depending on your contributions and other relevant factors. Property includes real estate (irrespective of whether it is solely… Read more »