The Caldwell decision (Caldwell & Caldwell [2026] FedCFamC1A 81) delivered 11 May 2026 is significant because it strengthens the ability of Family Courts to treat discretionary trust assets as part of the matrimonial property pool where one spouse has effective control of the trust.

In Australia, Caldwell’s case (Caldwell & Caldwell [2026] FedCFamC1A 81) delivered 11 May 2026 does not make prenuptial agreements (known as Binding Financial Agreements (BFAs) under the Family Law Act 1975) ineffective, but it does affect how parties should draft them when trusts are involved.

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.

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.

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

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 [...]

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 [...]