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  • The End of Add Backs

    A recent judgement in the family law space has marked the end of an era - Shinohara & Shinohara [2025] FedCFamC1A 126 has determined that the time for add backs has now ended. Shinohara reflects a significant shift in property settlement disputes. It is important for both lawyers and separating couples to be aware of its implications.

  • Costs in Family Law

    Unlike in other Courts where costs usually follow the event, under the Family Law and Family Court Acts there is a presumption that each party to the proceedings is to bear their own costs.

  • Due diligence and financial advisors: does your client have an existing financial agreement?

    It is very important. A financial agreement is an asset protection tool. Married and de facto couples in Australia can enter into a written agreement, before, during or after cohabitation or marriage, which deals with how property and maintenance will be dealt with if they separate.

  • Testamentary Trusts and Family Law

    Cross-sibling testamentary trust structures are vulnerable to challenge in the Family Court, after relationship breakdowns. These structures may fail to protect family assets from being included in property settlements.

  • How parents can prevent financial support from falling into the wrong hands

    It is no secret that the importance of financial support from parents has increased over the last few years.

  • Maintenance claims – “I know my ex was paid a lot when we were together”

    If a party can establish that they have the need for maintenance, the Court must then assess whether the other party (“paying party”) has the capacity to support them. When the paying

  • Orders for the sole and exclusive use of property after separation.

    With the current housing crisis in Western Australia, more separating couples are living under one roof until their property settlement is finalised.

  • Risks of Using ChatGPT in Family Law Matters

    Artificial intelligence (AI) is becoming more common in everyday life, including legal matters. While AI tools can provide general guidance, using them as a party in a family law case in Western Australia can lead to serious risks and unintended consequences.

  • Is Your Family Law Matter Suitable for Arbitration?

    The approximate time from the initiation of proceedings in the Family Court of Western Australia to the date of final judgment is currently between 3.5 and 4 years.

  • Assessing your contributions to a relationship

    When determining how assets and liabilities should be divided upon separation, one of the steps the Family Court will take is to assess the contributions each party has made throughout the relationship.