When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
It’s important to consider the superannuation held by both parties as part of any property settlement negotiations. But what if a party does not disclose, or under-discloses, their superannuation interests?
In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
Probate is the process of officially proving the validity of a Will in deceased estate matters. The executor is the person who makes the probate application to the Supreme Court of Victoria. This guide to the probate application process is particularly helpful if you are the executor of a deceased estate.
Following separation, many parents are able to come to an agreement about arrangements for the care of their children. However, often there can be disputes and, in some circumstances, and under certain conditions, an arrangement for supervised time with the children may be an option.
While parties do not always need to agree on all aspects of the asset pool to reach a property settlement resolution, understanding how to calculate the asset pool is essential for both parties as a starting point.
There are various factors to consider when dealing with farms in family law property settlement, including how farms are treated, what the farm comprises and its ownership structure, and whether the farm will need to be sold.
When your former partner intentionally delays the process, it can be frustrating and financially burdensome. This article provides guidance and practical strategies for individuals facing delays in family law property settlement in Australia.
Dealing with family law matters can be emotionally challenging, and the associated legal costs can add an additional burden. However, by implementing some strategies and seeking legal advice early on, you can manage your family law legal costs effectively.
Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
There are strict time limits that apply for an eligible person to contest a Will. This blog explores what a family provision claim is, the time limit for an applicant to bring a claim against an estate, and factors that the court will take into consideration when determining whether that time limit should be extended.