Blog | Property
Difference between property and a financial resource in family law
Before we define what a financial resource is, it is appropriate that we first define what the Court considers is ‘property’ for the purpose of the Family Law Act 1975. What is property? Section 4 of the Family Law Act 1975 defines “property” as follows:...
Redundancy payment – how is it treated?
A redundancy is where an employer no longer requires a person’s job to be performed by anyone because of changes in the operational requirements of the business. A redundancy payment is often made to the employee in this circumstance, to compensate the employee...
Is my Binding Financial Agreement Binding?
There are stringent requirements that must be met for a Binding Financial Agreement to be Binding. Is your Financial Agreement Binding? We discuss those specific requirements and the circumstances under which a Binding Financial Agreement can be overturned on our...
Superannuation Splitting in Financial Agreements
Where a Binding Financial Agreement is executed during a relationship, for the Binding Financial Agreement to be binding after separation, a separation declaration should be signed by one of the parties after separation, in order to demonstrate that the parties have...
Clayton & Bant – A multi-jurisdictional family law dispute
If you have separated and you have accumulated assets in multiple countries including countries other than Australia, as occurred in Clayton & Bant, it is vital that you obtain advice from both jurisdictions in relation to your rights as a Court in another country...
