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Tag: Divorce

In Australia, the family law legislation encourages parents to agree about matters concerning their children and to take responsibility for their parenting arrangements by working together to resolve conflict. The best way to do this is to discuss the situation openly and put your agreement in writing in a Shared Parenting Plan Template. The Family […]

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If you are separated or divorced from your children’s other parent, the holiday season can be an extremely difficult time for all involved. You’ll naturally worry about whether you’re being the best parent you can be and trying to find the delicate balance between making your children happy and making everyone else happy. One thing’s […]

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Some people really know how to get themselves into strife. I had a call from a chap today, we’ll call him Brian.  Brian has been married for 25 years but recently left the marriage.  After he moved out of the family home, Brian inherited approximately $400K. With this money he purchased a house (as tenants […]

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It is often the case that a party who is thinking of making a Financial Agreement is reluctant to divulge their financial information to the other party. It is a requirement of the law that each party to a financial agreement must make full and honest disclosure of all material matters. Whether it be a […]

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After separation it is common for a couple to transfer the ownership of property, whether it be the family home, investment properties or both.  The transfer of property may be executed in a number of different ways. Most commonly, property is either transferred from: the joint names of both spouse or de facto partners, into […]

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With World Resolution Day just around the corner on the 20th October, we want to promote the use of mediation to resolve disputes. One of the most emotion-filled events for which people can use mediation is property settlement during a separation. If you and your ex-partner can’t agree on how you will divide your property […]

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A Binding Financial Agreement, is a simple and convenient way to formalise the end of a marriage or a de facto relationship, at least from a financial perspective. It allows a couple to document what they think is a fair and reasonable property settlement instead of leaving that decision up to the courts. It’s not […]

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A recent case in the Family Court granted the Commissioner of Taxation access to private court documents filed in Court proceedings between a husband and wife.  The Family Court also allowed the Commissioner to use the information contained in the documents for tax purposes. Mr. and Mrs. Darling (pseudonym name given by the Court) were […]

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So, you have decided to be the captain of your own destiny and enter into a Financial Agreement. Financial Agreements are a great way to record how a couple wish to deal with their assets in the event the relationship comes to an end. In the past, these types of Agreements were only available to […]

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If a couple has decided to separate, there are many issues that need to be discussed and finalised, including the property settlement.  The same issues are relevant to both married and de facto couples (including same sex couples) who have separated. Division of property:  assets and liabilities In determining how assets and liabilities of the […]

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