Ah, the holiday season! A time when we dream of “Silent Night”—but let’s face it, for many families, it’s more like “Jingle Bells, Jingle Bells, chaos all the way!” If you’re navigating separation, the holidays can feel like a never-ending bittersweet ballad.

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.

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

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.

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.

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