Articles
Category: Financial Agreements
Cryptocurrency in family law property settlement
As the world becomes increasingly digitalised and the number of people who own cryptocurrency increases, cryptocurrency is becoming a more common feature in family law property settlements.
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Superannuation splitting under the family law
Under Australian family law, superannuation is treated as an asset. The balance of yours and your former partner’s superannuation should therefore be considered when negotiating and formalising a property settlement agreement after separation.
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Can I use information disclosed during my family law matter for other purposes?
Documents received and/or disclosed during family law proceedings cannot be used for any other purpose other than what they were provided for. This is due to an implied undertaking or obligation to the Court, known as the Harman Undertaking.
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What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a type of mediation. It can be used by separated couples to resolve parenting and/or property disputes. We explore the types of FDR available to parties (both before and after court proceedings have commenced), the FDR process and commonly asked questions.
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Family Court hearings – the First Return Hearing
After filing your initiating court documents, your matter will be listed for a First Return Hearing in the Federal Circuit and Family Court of Australia. A First Return Hearing is a procedural hearing and, as the name suggests, is the first Court event after you have filed an application to have a matter dealt with by the Court.
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Valuations in Family Law
Are you separated/divorced and entering into property settlement negotiations with your former partner? One of the first steps will be to determine the value of your assets, liabilities and any financial resources but what happens if you can’t agree on values?
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How to Negotiate a Fair Property Settlement Agreement
Negotiating a property settlement agreement is a significant step in moving forward after a separation or divorce. It's essential to approach the process with clarity, patience, and a focus on finding a fair and equitable solution.
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Social media during separation and divorce – tips and traps
Using social media during a separation or divorce is totally fine - unless of course, you are posting about your ex-partner. It is important to understand that in Australia, using social media can have an impact on the outcomes of your separation and divorce.
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Consent Orders or a Financial Agreement
Let’s assume you have reached a property settlement agreement with your ex-partner following your separation. The next step is to make your agreement legal and binding. It is important to get legal advice about your property settlement agreement and to make sure that the agreement is formalised.
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