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 or...
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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.
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Post-Separation Earnings Are Included in a Property Settlement – So don’t delay!
This article is an important reminder that property settlements take into consideration the contributions of the parties post-separation. Such contributions do not cease at the date of separation.
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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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Common questions asked about property settlements after separation
Deciding to separate is an important decision. Claire Aumuller answers some common questions regarding property settlements.
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Can you dispose of your ex-partner’s property?
Following separation, one spouse is often forced to leave behind possessions when leaving the residence. The remaining partner may wish to dispose of the property for practical or emotional reasons,...
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Stats on Same Sex Marriage in 2018*
The same process applies when applying for divorce for same sex couples as it does to heterosexual spouses.
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My ex put all our money into Bitcoin, now what?
Has your former spouse been investing in digital currency? What could this mean for your family law matter and your asset pool for division?
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When a couple separates, who gets to remain living in the family home?
What happens if neither party wants to leave or one party attempts to ‘kick out’ the other from the family home?
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Transferring tax liabilities between spouses in family law proceedings
In a recent case, the Family Court of Australia has ruled that it may make orders as part of a property settlement requiring the Commissioner of Taxation to substitute for...
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