How Formalising Your Property Settlement Can Save You Thousands Through Stamp Duty Exemptions
A stamp duty exemption applies post separation to a transfer or sale of matrimonial property if the property is transferred or to one of the parties to the marriage...
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A step by step guide to obtaining a separation agreement
A separation agreement (known as a binding financial agreement (or BFA) under the Family Law Act) is a legally binding document that formalises your property settlement. As a separation...
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Post-Separation Earnings Are Included in a Property Settlement – So don’t delay!
Why you shouldn’t be delaying settlement In the case of Trask & Westlake, which was an appeal from a single judge to the appeal court known as the Full...
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Lottery Winnings & Property Settlements – Who gets the winnings?
If you win a lottery, are the lottery winnings an asset that the Family Court should adjust between you and your spouse post separation? The answer is generally “yes”…...
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Common questions asked about property settlements after separation
FAQs What is the difference between a property settlement and a divorce? A divorce and a property settlement are two different legal processes. A property settlement is the formal...
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Can you dispose of your ex-partner’s property?
What’s needed before you can dispose of your ex-spouse’s property? Separation often occurs quickly, usually via a trigger moment. This may be an argument, or through the intervention of a...
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Stats on Same Sex Marriage in 2018*
The Australian Bureau of Statistics released a report titled ‘Same-Sex Marriage in Australia – a 2018 Snapshot.’ The report found that 3,149 same-sex weddings have been held in Australia...
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My ex put all our money into Bitcoin, now what?
An initial and essential step in all property settlement matters is identifying and valuing the assets and liabilities of the relationship. This includes the “regular” things like home and...
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When a couple separates, who gets to remain living in the family home?
Orders for ‘sole occupancy’ or ‘exclusive occupancy’ of the family home It is a common case that after the breakdown of a relationship, one party will voluntarily move out...
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Transferring tax liabilities between spouses in family law proceedings
Transferring tax liabilities between spouses in family law proceedings In the 2017 case of Tomaras & Tomaras and Anor and Commissioner of Taxation FamCAFC 216 the Full Court...
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