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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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. [...]

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 [...]

When a marriage breaks up or de facto couple’s relationship ends, the date upon which this separation occurs is a critical date when contemplating any property settlement. Resolving how the couple's property, assets and liabilities will be divided is a process governed by the Family Law Act 1975 and in the case of de facto [...]

After a separation, reaching a fair property settlement can often be a complex process, which is governed by the Family Law Act for married couples and the Family Court Act for de facto couples in Western Australia. However, things can get even more complicated if one of the former partners enters into a new de [...]

How is property acquired after separation treated? As with many issues in family law, it depends on the circumstances.