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Legal Articles about Family and Personal Issues

Welcome to the Family and Personal relationships section of our blog.

Negotiating a property or financial settlement during the COVID-19 pandemic

covid 19 and financial agreementsSince the onset of the COVID-19 pandemic, it is clear that separating couples are facing additional challenges. In particular, restrictions on gathering and moving between different places mean that property or financial settlement negotiations cannot take place in person. In this article, we’ll outline the property settlement process and help you better understand your options when it comes to finalising an agreement during COVID-19.

What’s the meaning of a de facto relationship in Australia?

de facto couple kitchenDe facto couples are entitled to much of the same financial, property, and parental rights that the law affords to married couples. In this article, we’ll answer some frequently asked questions to help you understand how the law defines and identifies de facto relationships.

Burning Question: Family and Wills – The Separated Saver who wants to Protect her daughters Inheritance.

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 spender who always runs up debt on his credit card, paying huge interest rates. My daughter is concerned that if anything happens to her, her husband will have her half share of the house as well as his own. She has no confidence that he will look out for their daughter.

Should my family lawyer finalise my financial agreement?

One of our customers contacted us this week, enquiring as to whether his long-term local lawyer, who had acted on behalf of himself and his wife for many years, could prepare and finalise his Financial Agreement. The difficulty with appointing your family’s long-standing lawyer to finalise your agreement is that the same lawyer cannot act for both yourself and your partner. This can raise all sorts of issues for the couple and the agreement.

Burning Question – Inheritance and Property Settlement.

“I inherited some money from my father and a friend separately and some years apart. I subsequently bought a flat (apartment) for roughly to the same value as both inheritance monies combined. I am now divorced and about to go through the legal process to sort out the assets as both parties cannot agree on a settlement arrangement. Are those inheritance monies considered part of my asset pool from which my ex-wife has a claim?”

Do I need to pay Spousal Maintenance?

A couple has an obligation to maintain each other, even after their relationship breaks down. The likelihood of spousal maintenance being paid, and the extent of the payments, will vary depending on various factors – firstly, whether one party can actually afford to support the other, and to what extent.

How to make a loan without ruining a relationship

Lending money to friends or relatives can be a risky activity, especially when the terms are vague. Putting the arrangement in writing allows each party to know where they stand and stops potential problems.

How to talk to your partner about cohabitation – Slideshare

Moving in together is a big step. We look at the reasons why you might want to use a Cohabitation (Financial) Agreement and how to talk to your partner about it.

Why would I need a Financial Agreement when I’m in a stable relationship?

Living together is a milestone in any relationship. But these days, because de facto couples have effectively the same rights and obligations as married couples under the Family Law Act – it’s not a decision that should be made without consideration to the financial implications. We look at a few of the reasons you might want to consider using a Financial Agreement.

Should I register my de facto relationship?

Registering your relationship is an easy and inexpensive way to formalise your de facto status and formally express your commitment to each other. There are also a number of legal benefits for doing so.

How to manage money as a cause of conflict in your relationship

Money is a major source of conflict in personal relationships. Open and honest communication about financial goals and money habits is a useful strategy for minimising money arguments.

8 things happily married couples do differently

While we increasingly have the freedom to select (and de-select) a partner without fearing the repercussions of societal stigma, divorce is still one of the most traumatic experiences a person might ever face. Consider these 8 ideas that increase the chances of your marriage lasting?

How to talk about a Cohabitation Agreement

Once a relationship moves to the more serious phase of moving in together, then the more mundane practicalities of partnering up become important. Considering that money problems are the number one reason for relationship woes and breakups, it makes sense that a couple should learn to discuss finances.

Sexually Transmitted Debt Part 2

In Part 1 we explained what an STD is and how they can occur, Part 2 looks at practical tips for avoiding them. The key tip is learning to communicate with your partner about financial matters and building trust before commingling finances.

Sexually Transmitted Debt Part 1

The term “Sexually Transmitted Debt” is used to describe debt incurred by one party in a relationship on account of the other. Women are more likely than men to incur an STD. Sexually transmitted debt usually takes one of the following

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