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The Changing Family Landscape and Modern Family Provision Law

Over time, developments to the testator’s family maintenance (“TFM”) legislation expanded the categories or classes of eligible claimants.[1] In 1936, both New Zealand and Tasmania considered changes to the law to permit claims by ex-nuptial or illegitimate children. Both jurisdictions legislated the issue in 1969.[2] The remaining states and territories legislated the same issue shortly [...]

By | January 29th, 2018|Family Law|0 Comments

Puppet Structures and Alter Egos: Creation of a Trusts, and Powers of Appointment to Avoid the Court

People try to use third party asset structures to avoid their assets being attacked from a family law, bankruptcy and testator’s family maintenance perspective (“TFM”). There have been a variety of cases involving inter vivos trusts, which have been used by parties to argue their non-ownership of assets in the Family Court. The same principle [...]

By | September 29th, 2017|Family Law|0 Comments

What is Considered by the Courts When Deciding How to Divide Property After a Divorce

When a couple separates, whether they have been married or in a de facto relationship, they usually need to resolve how to divide their assets, including property, superannuation, debts and other liabilities. […]

By | September 7th, 2017|Family Law, Property|0 Comments

The Effect of Joint Tenancies on Family Provision Claims

Many Australians are co-owners of interests in land but do not appreciate the nature or effect of the co-ownership and do not fully research family trust estate planning. As a result, they are not aware of the consequences their co-ownership has on their death. Below are examples of the effect joint tenancies can have in ousting the Testator’s family maintenance (“TFM”) legislation. […]

By | July 28th, 2017|Estate Planning, Family Law|0 Comments

Common Divorce Pitfalls to Avoid

Maybe you didn’t see it coming. Maybe you’ve known it was going to happen for some time. Maybe it’s a well-contained no-fault divorce. Maybe it’s not so amicable. Either way, you’ve got a few things to worry about right now… (Before you consider the Common Divorce Pitfalls) […]

By | July 3rd, 2017|Family Law, Property, Uncategorized|0 Comments

What To Do If Your Ex Breaches Your Parenting Order?

In Family Law, a parenting order is a legal agreement about how separated parents divide the responsibility to take care of their children. These agreements are sensitive. As such they are important to respect – but can be violated by either parent who isn’t careful about observing them. We’ll take you through first what a parenting order is, and what the requirements are. Then we’ll advise you on your options if one party has breached the parenting order. […]

By | June 15th, 2017|Family Law|0 Comments

Spousal Maintenance Following Divorce – When Will It End?

What is spousal maintenance? Under the Family Law Act 1975, a person has a responsibility to assist their former partner financially, whether they were married or in a de facto relationship, if that former partner cannot meet their own reasonable living expenses from their income or assets. […]

By | May 15th, 2017|Family Law|0 Comments

Divorce and Step Children: Understanding How the Law Impacts Blended Families

What is a step-parent? The term “step-parent “is defined in the Family Law Act 1975 to mean a person who, in relation to a child: a) is not a parent of the child; and b) is or has been married to, or is or was a de facto partner of a parent of the child; and c) treats, or at any time while married to, or as a de facto partner of the parent (this includes same-sex couples) treated, the child as a member of the family. […]

By | April 15th, 2017|Family Law|0 Comments

Superannuation and Family Law

When a couple separate, whether they have been married or in a de facto relationship, they need to resolve how to divide their assets, including their assets, debts, and superannuation. […]

By | February 15th, 2017|Family Law, Property|0 Comments

Property, Financial Maintenance, Child Related Proceedings, and Divorce – Who is Eligible to make an application for Court Orders?

If you are thinking about making an application to the Family Court for orders relating to Property, Financial Maintenance, Child Related Proceedings, or for a Divorce, it is important to understand whether you are eligible to make an application. […]

By | February 6th, 2017|Family Law|0 Comments