Articles
Category: Separation
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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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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Court ordered parenting courses in family law
In the event your parenting dispute proceeds to Court, it is likely the Court will make an order providing for you and/or the other parent to complete a parenting course if you have not completed one previously.
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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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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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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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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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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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Tips for negotiating a property settlement with your ex-partner
Discover effective strategies for dividing property after a separation with our top 9 tips to ensure a fair and equitable settlement for both parties.
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