Tag: Separation

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 […]

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 […]

Capital Gains Tax (CGT) is an important consideration for couples who have accumulated investment property during the course of a relationship which needs to be divided in the event that the relationship comes to an end. Usually, transferring an investment property, even if only between spouse partners, will result in the transaction being assessed for […]

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 […]

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 […]

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 […]

Spousal maintenance is a support payment made to a partner who is unable to support his or herself after the parties have separated or divorced. Parties in a de facto relationship are also eligible to receive de facto partner maintenance, in circumstances where a de facto partner is unable to support themselves after the relationship […]

Spousal maintenance is the financial support provided to a party who is unable to adequately support themselves. Spousal maintenance does not apply automatically. A couple (either married or de facto) may agree to spousal maintenance being paid.  If so, then spousal maintenance can be formalised by inserting the appropriate provisions into your Binding Financial Agreement. […]

“I have a burning question regarding family law and wills. My daughter has had relationship issues with her husband for a couple of years and they now live separately but still under the same roof. They have one daughter. My daughter is a saver and has paid off the mortgage on their house. Her husband is […]

A custody battle between a same sex couple over custody rights to their two children conceived by IVF, was decided just like any other custody dispute – in the best interests of the children. Ms. Packer raised the issue of whether different regard may have been given to the matter, if the issues were between […]