In advance of a re-Trial ordered by the High Court of Australia, the Family Court of Western Australia was asked to determine two associated Applications brought by the Husband, namely: That Firm Y, and Mr P and Ms D both of Counsel, be restrained from acting for the Wife in circumstances where they also represented … Continue reading “Proceedings Update – Charisteas v Charisteas”
September 2022 Update: Since 28 September 2022 separating de facto spouses in Western Australia have been able to “split” their respective superannuation entitlements and include the “transfer” of superannuation as part of their overall family law property settlement. Historically, the inability of separated de facto couples in Western Australia to split their superannuation interests frequently … Continue reading “Superannuation Splitting for De Facto Spouses in Western Australia”
In a Family Law context, DIY separation agreements can present several potential problems and pitfalls. A separation agreement is a written contract between a separating couple wherein they document what they have agreed regarding various issues, mainly related to their property settlement. The main goal of “Do-it-Yourself” separation agreements is to save time and money, … Continue reading “The dangers of DIY Separation Agreements”
60-Second Summary Although parties to family law proceedings generally bear their own legal costs, it has long been recognised in the family law jurisdiction that often the wealth of the parties is controlled by one rather than both of them. This is usually most apparent in complex financial matters, though not limited to them. For … Continue reading “Litigation Funding”
What is Child Support and what does it cover? All parents have a responsibility to adequately and properly financially support their child/ren until they attain the age of 18 years. Both the Family Court and government agencies consider such expenses to include housing, food, clothing and costs related to their child/ren’s education. These are the … Continue reading “Child Support Arrangements & Agreements”
60-Second Summary: In order to reach an agreement on how to divide property between parties in a financial matter, it may be beneficial to appoint an expert witness who is qualified to determine the value of certain assets in the property pool. It is important to consider when it may be appropriate to appoint an … Continue reading “Expert Witnesses in Financial Proceedings”
Consent Orders – Is my Agreement Final? Family Law is often in the headlines for all the wrong reasons: the cost of legal representation, month upon month of delay, the uncertainty of outcomes, etc. But it isn’t generally highlighted just how often separating couples manage to resolve their property and parenting disputes without recourse to … Continue reading “Consent Orders – Everything You Need To Know”
60-Second Summary: Thorne & Kennedy is a recent High Court decision that has changed the legal landscape in Australia when dealing with “prenups” and Financial Agreements. This case has changed the way lawyers approach such Agreements and unconscionable conduct is now at the forefront of legal discussion across the country. Don’t leave it until the … Continue reading “Thorne & Kennedy – A caution on Binding Financial Agreements in Australia”
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