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.

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.

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.

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

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

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.

When couples separate, disputes as to who will care for a beloved family pet often arise. Given how close may of us are to our furry family members, it is no surprise that some of these disputes end up in the Family Court.

Parties to an application for spousal maintenance in Perth / Western Australia need to take note of this. In 2019, the Federal Circuit Court of Australia made a finding in the matter of Blevins & Blevins [2019] FCCA 1923 that leave was not necessary to make an Application for spousal maintenance, and considered it was appropriate to [...]

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 [...]

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 [...]