Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party under s.79(8) of the Family Law Act 1975.

In the matter of Jabour, the Full Court of the Family Court of Australia dealt with property settlement orders made by the trial judge. The trial judge had divided the net non-superannuation assets 66% to the husband and 34% to the wife. The Full Court reassessed the division as 53% to the husband and 47% to the wife.

The answer is simple, the Family Court has no jurisdiction to do anything when both parties pass away during Family Court property proceedings other than strike out the application.

Family law clients can develop situational mental health conditions because of the breakdown of their de facto relationship or marriage. In some cases, family law clients may have pre-existing health (including mental health) conditions that affect their ability to conduct their family law case. In both circumstances, it may be appropriate for a Case Guardian to be appointed to act on behalf of a person in a family law case.

While it is well known that child support payments are mostly dealt with through Services Australia (the Child Support Agency), many parents are unaware that they have the option of entering into their own, tailored agreement about the expenses for their children.

It is not unusual for family members to give money to their children or to enter into informal loans with them.  However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.

It is not unusual for family members to give money to their children or to enter into informal loans with them.  However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.

It is not unusual for family members to give money to their children or to enter into informal loans with them.  However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.

While it is well known that child support payments are mostly dealt with through Services Australia (the Child Support Agency), many parents are unaware that they have the option of entering into their own, tailored agreement about the expenses for their children.

Pre-nuptial Agreements, Cohabitation Agreements and Binding Financial Arrangements are more accurately (in a legal sense) known as Financial Agreements.