Blog | Property
Are contributions made prior to a de facto relationship considered?
There is no question that initial contributions are relevant in a property settlement. The significance and weighting that will be given to an initial contribution by one party to a relationship depends on the size of the contribution, what it was used for, and the...
Can a discretionary trust protect my assets in a divorce?
We are commonly asked the question – can a discretionary trust protect my assets in a divorce? It has long been thought that one way to shield your business or other assets from a creditor, or from your partner in a divorce, is to set up a discretionary trust. A...
What is my partner entitled to if we split?
A common question we are asked by our clients is – what is my partner entitled to if we split? There is no automatic right to a property settlement with your ex-partner in Australia. The cases are clear that the purpose of section 79(2) of the Family Law Act is...
SETTING ASIDE A BINDING FINANCIAL AGREEMENT
A Binding Financial Agreement may be set aside in a number of circumstances. When can a court set aside a Binding Financial Agreement? Under section 90K and section 90UM of the Family Law Act, the Court can set aside a Binding Financial Agreement in various...
Post Separation contributions
After separation it is not uncommon for parties to remain financially intertwined with one another prior to a formal division of their assets. Parties are also sometimes waiting many years after separation to get divorced. Post separation contributions may be made by...
