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  • A guide to using social media in family law disputes

    Written by Alex Mondia and Amy Baltzer. Social media is intertwined with our daily lives. When going through a separation or divorce, it can be a convenient tool for staying in touch, seeking support from, or updating loved ones. However, it is essential to exercise caution when using social media during this tumultuous time as [...]

  • Property settlement after divorce in Australia

    When a marriage ends in divorce, one of the most complex and emotionally charged issues couples face is the division of their property. In Australia, this process is governed by the Family Law Act 1975 (for de-facto couples in states outside of Western Australia and married couples in any state of Australia) and the Family [...]

  • A guide to financial separation in Australia

    When a marriage or de-facto relationship comes to an end, one of the most significant challenges couples face is untangling their shared finances. Financial separation by way of property settlement allows both parties to establish their individual financial identities and protect their assets. In Australia, this process is governed by a set of legal procedures [...]

  • Key elements for a prenuptial agreement in Australia

    As couples plan their dream wedding, it's crucial to have open and honest conversations about finances and legal protections. One way to safeguard both parties' interests is by entering into a financial agreement (often colloquially referred to as a prenuptial agreement). For a financial agreement to be binding, it must adhere to specific criteria set [...]

  • Understanding Section 79: A comprehensive guide to property division in Australia

    When it comes to separating or divorcing in Australia, the division of property can at times be a complicated and emotionally charged process. Section 79 of the Family Law Act 1975 provides a framework to ensure a fair and equitable division of property between separating or divorced couples. Scope and power of section 79 Section [...]

  • Understanding Binding Financial Agreements: A guide for couples

    Navigating the complexities of a relationship breakdown can be emotionally and financially challenging. Binding Financial Agreements, also known as pre-nuptial, post-nuptial, or separation agreements and sometimes referred to as spouse loan agreements, offer married or de facto couples a way to plan for the potential division of assets and financial support in the event of [...]

  • Moving a new partner into the matrimonial home

    Going through a divorce can be an emotionally turbulent time, and the decision to move a new partner into the matrimonial home before a divorce is finalised can add another layer of complexity. While this personal choice is understandable and it can be a common occurrence, it's crucial to be aware of the potential legal [...]

  • Can my ex claim money from my new partner?

    After a separation or divorce, one key question that often arises is whether an ex-spouse can make claims over the finances or assets of a new partner you've entered into a relationship with. While it may seem unfair, there are certain legal avenues that could potentially allow this under the Family Law Act 1975 or [...]

  • Safely retrieving your belongings: police escort and legal considerations

    Amid the turmoil of a separation, divorce, or leaving a shared living situation, retrieving personal belongings can add an extra layer of complexity and potential conflict. In Western Australia, the legal system provides provisions and protocols to ensure this process is safe and lawful, including the option to request a police escort for belongings collection. [...]

  • Overview of Section 106B of the Family Law Act 1975

    Section 106B of the Family Law Act 1975 is a critical provision designed to prevent parties from manipulating the asset pool in anticipation of family law proceedings. This element of the act grants the Family Court of Western Australia and Federal Circuit and Family Court of Australia the authority to set aside or restrain transactions [...]