A defacto relationship exists when two people, who are not married or related by family, live together in a “genuine domestic relationship”. It can exist between people of…
Sometimes, and sadly more frequently over the past few years, family lawyers are asked , “if I divorce my wife, can the family home be saved from the trustee in bankruptcy?” The family home is not a protected asset under the Bankruptcy Act. The trustee must look at the home as an asset and if […]
A court can only grant your divorce if you have been living separately for 12 months. Applying for a divorce is a relatively straightforward matter; however, it is important to get the paperwork done correctly, particularly if you remain living together after your relationship has broken down. When the court schedules a divorce list, it […]
It is important to remember that the deadline for approaching the court for a property settlement is 12 months after the divorce is granted by the court. There are exceptions and that is if the Court itself grants leave to apply “out if time” or your former spouse consents. When considering a financial settlement you […]
There are many relevant concerns when the finances or the assets are split. However, the law requires an assessment of what the assets are, who contributed what when the assets were acquired, and what the parties future needs are. If children are involved, then where the children are living is also a factor.
The Family Law Act assumes that parents have equal shared parental responsibility for their children. This means that both parents need to jointly make decisions concerning their children’s care welfare and development. Except in circumstances when a child might be at risk, parents need to participate in dispute resolution services to work out parenting arrangements […]
Yes. You have a duty to provide your spouse with full and frank disclosure of your financial position.
If you are an executor of a will, then the answer is “yes”. Only when the estate is very small there is an exemption for obtaining a Grant of Probate.
A holding deposit has no legal meaning. The vendor is not compelled to sell to you and you are not compelled to buy until contracts have been exchanged.
Some really useful websites and resources if you get stuck or just want to know more about family law.