The Full Court of the Family Court of Australia has been asked to make a ruling as to whether the husband is entitled to any of the lottery winnings that were acquired by the wife after separation but before the parties had formalised their property settlement. In the 2014 case
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Oct
Oct
Vexatious Proceedings in the Family Law Courts
Family law litigation can be distressing for those involved and often there is a view that one party is simply trying to use the courts to upset the other party. The Family Law Act contains provisions to stop vexatious litigants from abusing the system. Vexatious proceedings are defined in the
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Sep
Sep
Equity Alert – Where You Can be Bound by a Promise…
By Joelene Seaton •
In Family Law •
Comments Off on Equity Alert – Where You Can be Bound by a Promise…
In the recent High Court case of Sidhu v Van Dyke [2014] HCA 19, the Court held that, where a person makes a promise to another person and the other person acts to their detriment on reliance on that promise, the first person can be ordered pay compensation. The facts
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Aug
Aug
What is Spousal Maintenance?
When married or de facto couples separate, they are confronted with many issues that need to be settled. Often one of the more pressing issues is how the parties will be able to afford to support two separate households until the settlement of their financial affairs. The payment of funds
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Feb
Feb
A Sign of Relief for Step-Parents: Stanford v. Stanford
The Stanford tale begins in 1971 when Mr and Mrs Stanford exchange marriage vows. Thirty seven years into what is a second marriage for both, tragedy strikes when Mrs Stanford suffers a stroke. She is relocated to a nursing home away from her matrimonial residence and she develops dementia. Mr
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Jul
Jul
Civil Partnerships Act 2011
The Family Law Act 1975 as amended, recognises cohabitating same sex couples as de facto couples having the same rights as any heterosexual couple. Currently, same sex couples are able to register their domestic relationships in New South Wales, Victoria and Tasmania and civil partnerships are performed in the ACT.
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Jun
Jun
Property Settlements and Binding Financial Agreements Part 2
In today’s economic climate, the need to protect assets against disasters such as bankruptcy, death and divorce is high. There is no such thing as a standard family with more and more individuals entering into subsequent relationships which makes for complicated blended families. Part 1 (posted on 23 May 2012)
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May
May
Property Settlements and Binding Financial Agreements
In today’s economic climate, the need to protect assets against disasters such as bankruptcy, death and divorce is high. There is no such thing as a standard family with more and more individuals entering into subsequent relationships which makes for complicated blended families. Part 1 below deals with settlements where
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Dec
Dec
Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008
There has been much discussion in the media lately in relation to the Federal Government introducing to the House of Representatives the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008. Effectively, the Bill, if passed, will amend the Family Law Act (“the Act”) to allow for
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