Property Settlement Archives

Superannuation Splitting for De Facto Spouses in Western Australia

Greg Martinovich

Associate

Posted on 05/04/2019, Last Updated on 29/07/2024

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”

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How to Enforce Family Court Orders

Rebecca Ward

Senior Associate

Posted on 15/12/2016, Last Updated on 20/04/2023

Obtaining Family Court Orders can be a long, drawn-out process lasting many months if not years, so it can be particularly galling if the other party either consistently breaks these Orders or point-blank refuses to follow them. So what can be done to force the other party to comply with and enforce Family Court Orders? … Continue reading “How to Enforce Family Court Orders”

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Expert Witnesses in Financial Proceedings

Rebecca Ward

Senior Associate

Posted on 02/07/2019, Last Updated on 20/04/2023

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”

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“She’s not getting the house”….so this happens!

Ross Dunlop

Consultant

Posted on 13/09/2017, Last Updated on 22/03/2023

As a family lawyer with over 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 … Continue reading ““She’s not getting the house”….so this happens!”

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Property Settlement: The Dangers of Trivial Pursuits!

Ross Dunlop

Consultant

Posted on 26/04/2017, Last Updated on 31/10/2023

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!”

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The Need for Speed? – Post-Separation Settlement

Ross Dunlop

Consultant

Posted on 10/01/2017, Last Updated on 20/03/2019

As highlighted in my previous article “Why do I need a Family Lawyer?”, a failure to finalise your property settlement with your former spouse/partner as promptly as possible after separation can have drastic consequences on the outcome. No family law case highlights this more painfully – at least, for high-income parties – than the decision in Trask … Continue reading “The Need for Speed? – Post-Separation Settlement”

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Court Ordered Sale of House in Divorce – We’ve been ordered to sell, but we can’t!

Rodney Worth

Barrister and Solicitor

Posted on 22/12/2016, Last Updated on 03/06/2020

As everyone in Western Australia knows, property prices have plummeted in recent years, particularly in regional communities reliant on the resources industry. This has caused problems for separated couples who entered into Consent Orders for property settlement, only to find they could not sell one or more properties for the price they assumed they would … Continue reading “Court Ordered Sale of House in Divorce – We’ve been ordered to sell, but we can’t!”