Gifts and Loans
When money is advanced by a family member, whether
it is characterised as a gift or loan can be significant in
the resulting asset division between the parties.
When money is advanced by a family member, whether
it is characterised as a gift or loan can be significant in
the resulting asset division between the parties.
To commence proceedings in Australia, statutory requirements in relation to a nexus to Australia (citizenship, residency, domicile, and/or geographical) must be met. Provided these are met, the Australian Family Courts will have jurisdiction to make Orders dealing with overseas assets in property settlement proceedings.
Families migrate to Australia from overseas for a myriad of reasons – employment, education, etc. Many migrant families have the same primary motivation to move to a new country – a better life for themselves and their children. However, one of the risks in migration is that more often than not, families have limited financial and emotional support from extended family members.
What are the differences for de facto couples experiencing a separation in WA and in other states, or the differences for de facto couples and married couples in WA?
A discussion on when and how a Case Guardian should be appointed in a family law matter
Case Summary – Jabour (2019) and the treatment of initial contributions in property settlement matters
O’Sullivan Davies Lawyers held its first professional development seminar since COVID-19 with Chartered Forensic Psychologist, Dr Lorraine Sheridan, who gave a presentation to O’Sullivan Davies staff and other invited family lawyers on stalking.
What happens should both parties pass away during Family Court property proceedings? Our family lawyers located in Perth look at the practical implications of this.
Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party. However, there are significant practical implications that need to be considered, which are set out in this article.
The estate planning lawyers at O’Sullivan Davies, Perth CBD, outline a situation in which Wills, Enduring Powers of Attorney, and Enduring Powers of Guardianship are highly relevant.