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Category: Property Settlement


A guide to family law Consent Orders

A guide to family law Consent Orders

Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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What are Search Orders in family law property settlement?

What are Search Orders in family law property settlement?

Search orders are a type of court order that allows one party to search premises related to another party to locate and seize specific documents or other evidence related to a family law matter.
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A guide to family law property settlement

A guide to family law property settlement

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.
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Visibility of superannuation assets during family law property settlement

Visibility of superannuation assets during family law property settlement

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?
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Calculating the asset pool for family law property matters

Calculating the asset pool for family law property matters

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.
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Farms and family law property settlement

Farms and family law property settlement

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.
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My former partner is delaying property settlement

My former partner is delaying property settlement

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.
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Pre-action procedures before filing in the Federal Court and Family Court of Australia

Pre-action procedures before filing in the Federal Court and Family Court of Australia

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.
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Overseas assets in family law property settlement

Overseas assets in family law property settlement

In today’s globalised world, it is becoming increasingly common for individuals to own property overseas such as real estate, funds in international bank accounts or international shareholdings. So, what happens to overseas assets after separation or divorce?
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Who gets the family pets after separation or divorce

Who gets the family pets after separation or divorce

For many families, pets such as dogs, cats or birds are well-loved members of the family. But what happens to your pets when your relationship breaks down? It’s important to know how pets are treated during separation and what arrangements can be made for them.
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National Contravention List to enforce Family Court Parenting and Financial Orders

National Contravention List to enforce Family Court Orders

If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
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Drugs and alcohol in family law in property settlement

Drugs and alcohol in family law property settlement

Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach. Seeking experience legal advice will help protect your financial interests.
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