Articles
Category: Property Settlement
How is property acquired after separation but before property settlement treated?
Questions around the treatment of property acquired after separation are understandable, especially when some property settlements can take a while to finalise. In this article, we look at how property acquired after separation but before final property settlement are treated in family law.
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What is a conciliation conference? – Australian family law
A conciliation conference is a type of mediation. In family law matters, a conciliation conference is only available once court proceedings in the Federal Circuit and Family Court of Australia have been initiated in respect of a property or financial dispute.
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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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Who gets the engagement ring if we separate?
What happens to the engagement ring when you separate prior to getting married or when you separate/divorce after marriage? Does the recipient get to keep it, or should it be included in the assets available for distribution between the parties?
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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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Family Court Hearings - the Priority Property Pool (PPP) List
When proceedings are initiated in the Federal Circuit and Family Court of Australia, certain matters may be eligible for, or be allocated to, specialist lists. For example, in a property matter where the net asset pool is modest, the matter may be allocated to the PPP List.
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Family Court hearings – Interim Hearing
In family law proceedings, Interim Hearings are generally scheduled after a First Return Hearing and once you and your former partner have had an opportunity to resolve interim issues by consent but have been unable to do so. As the name suggests, decisions made at an Interim Hearing are on a temporary or interim basis.
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How is inheritance treated in a family law property settlement?
When negotiating property settlement after separation, how an inheritance is treated can vary. Judges in family law matters have wide discretion to decide whether it’s included in the asset pool and, if so, how it should be divided.
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Can I finalise a property settlement without getting divorced?
There appears to be a common misconception that you need to be divorced to commence or finalise your property settlement or that property settlement and divorce are both part of the same process. This is incorrect and likely an urban myth.
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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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Can I secretly record my former partner for family law proceedings?
Family law proceedings are often messy, tiresome, and emotionally driven. In these circumstances, secretly recording your former partner to gather evidence for court proceedings may be tempting.
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