• Handy Hints (28) – Importance of updating your Will

    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.

  • Handy Hints (12) – Factoring in inheritance in family law 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.

  • Handy Hints (1) – Providing Relevant Disclosure

    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.

  • Handy Hints (37) – Applying for a Family Violence Restraining Order online

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

  • Handy Hints (32) – What to do when your partner or spouse will not move out

    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.

  • Handy Hints (36) – Spousal or de facto partner maintenance

    Spousal maintenance or de facto partner maintenance is not automatic and there is no one size fits all calculation available.

  • Handy Hints (34) – Reviewing documents favouring your spouse or partner following separation

    If your relationship with your spouse or partner is in trouble, then you need to collate and check any documents you might have signed favouring that person during the relationship.

  • Handy Hints (33) – Ongoing disclosure obligations

    The duty of disclosure is onerous and can be, at times, overwhelming, especially for the party who has controlled or managed the finances throughout the marriage or relationship.

  • Handy Hints (29) – Benefits of using Arbitration

    Arbitration is an alternative way to resolve property disputes outside of the family court.

  • Handy Hints (27) – … but who gets the dog?

    It is not unheard of for property matters to be resolved save for the retention of a family pet. If the parties cannot agree, what can the Court do?