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”
Last updated by Greg Martinovich on 16/06/2020 60-Second Summary: It might come as a surprise to many but currently, in Western Australia, superannuation is not considered an asset for the purpose of a property division between de facto couples following a separation. This means that, unlike in any other Australian state or territory, superannuation cannot … Continue reading “De Facto Superannuation Splitting in Western Australia”
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”
Many people assume that the breakdown of a legally recognised relationship, be it a marriage or a de facto relationship, will automatically result in a property settlement occurring. Whilst this is true in the majority, some relationships have unique details and peculiarities that differentiate them from the norm. Below is an example of one such … Continue reading “No Property Settlement Orders – Even After 27 Years…”
As a family lawyer with 20 years’ experience in trying to resolve some of the most bitter, intractable disputes between separating spouses, there are occasions when you think you’ve seen it all. Then, something happens that restores your belief that there are no lengths to which someone will go to “get one over” on the … Continue reading ““She’s not getting the house”….so this happens!”
“within 12 months” and “within 2 years” – what do these phrases mean? When parties to a relationship separate, it is generally considered to be in their best interests if their financial relationship is also brought to a conclusion. Limitation period for married couples The above principle is given express legislative force by way of … Continue reading “I’m Late! Understanding time limits in the Family Court”
As family lawyers regularly working on property settlements, it is not uncommon for us to see parties willing to spend disproportionate amounts of time, energy – and fees – on disputing the ownership of assets which can often be worth less than an invoice sent to the client for dealing with the issue! Case example … Continue reading “Property Settlement: The Dangers of Trivial Pursuits!”
You are being tracked… If you are thinking of separating, you have likely jumped on to Google to start researching divorce, property settlement and arrangements for your children, and how to go about achieving these outcomes. In the process, I assume you will have visited the website of the Family Court of Western Australia, and … Continue reading “Please! Be careful how you browse online – a Family Lawyer’s perspective”
© 2021 DS Family Law Pty Ltd ACN (163 255 427) ABN (36 163 255 427). All rights reserved.
