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.

If your former de-facto partner or spouse passes away after you commence property proceedings in the Family Court, in certain circumstances those proceedings can continue with the deceased party’s “personal legal representative” being substituted in to the place of the deceased in the proceedings.

If you have received an inheritance late in the relationship or even after the relationship ends, but before your family law financial settlement, the inheritance is not automatically ‘excluded’ from the asset pool.

The pandemic, self-isolation, quarantine or lock down do not stop your Family Court matter progressing. So even though you may be cooped up at home, your obligation to provide relevant disclosure is an ongoing requirement.

Victims of family violence can apply for restraining orders online under new laws introduced during the COVID-19 pandemic.

If your partner or spouse will not move out of the home, and you cannot resolve this by way of dispute resolution, it is possible to seek an Order from the Court for occupation of the home to your partner or spouse’s exclusion.