What is a Prenup?
An introduction to Prenuptial Agreements (Prenups) Nobody gets married with a view to getting divorced later in life. As such, the benefits of prenups are easily dismissed in the...
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How Formalising Your Property Settlement Can Save You Thousands Through Stamp Duty Exemptions
A stamp duty exemption applies post separation to a transfer or sale of matrimonial property if the property is transferred or to one of the parties to the marriage...
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A step by step guide to obtaining a separation agreement
A separation agreement (known as a binding financial agreement (or BFA) under the Family Law Act) is a legally binding document that formalises your property settlement. As a separation...
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Post-Separation Earnings Are Included in a Property Settlement – So don’t delay!
Why you shouldn’t be delaying settlement In the case of Trask & Westlake, which was an appeal from a single judge to the appeal court known as the Full...
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Lottery Winnings & Property Settlements – Who gets the winnings?
If you win a lottery, are the lottery winnings an asset that the Family Court should adjust between you and your spouse post separation? The answer is generally “yes”…...
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Legal Recognition of Same Sex Couples
Same Sex Relationships – Children & Surrogacy Family Law Issues In 1999, the Government amended the Property (Relationships) Act NSW to include same sex relationships within the definition of...
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World 1st: Australian Judge Defines Conception
When Does Conception Begin? In a world first, a Brisbane judge has made a ruling on conception that is set to have a significant impact on parents in Queensland...
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Can you dispose of your ex-partner’s property?
What’s needed before you can dispose of your ex-spouse’s property? Separation often occurs quickly, usually via a trigger moment. This may be an argument, or through the intervention of a...
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Stats on Same Sex Marriage in 2018*
The Australian Bureau of Statistics released a report titled ‘Same-Sex Marriage in Australia – a 2018 Snapshot.’ The report found that 3,149 same-sex weddings have been held in Australia...
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My ex put all our money into Bitcoin, now what?
An initial and essential step in all property settlement matters is identifying and valuing the assets and liabilities of the relationship. This includes the “regular” things like home and...
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