By Lloyd Skinner Should you and your partner make an oral agreement regarding the separation of your property it is important to recognise how the family court regards informal agreements if your matter is litigated. Oral agreements are not legally binding, but if...
By Jessica Coles-Black Ordinarily, in a property settlement, superannuation is considered separate to parties’ non-superannuation property. This means that the percentage division applied to the parties’ non-superannuation property pool does not necessarily equate to...
As globalisation has made the world more interconnected, it is more common for couples to be married to an overseas resident or own property in several countries. This can convolute divorce settlements as family law legislation from other countries can stipulate...
The Federal Circuit Court was established in 2001 by the Howard Government. It created a second judicial body that would operate in tandem with the Family Court of Australia. The purpose of this court was to enable litigants to access justice in a faster and in a more...
In September 2017, the Australian Law Reform Commission (‘ALRC’) received Terms of Reference from the Attorney-General to undertake a comprehensive review of the family law system. The review was the first since the commencement of the Family Law Act 1975 and the...
Although superannuation usually cannot be accessed until retirement, it is important for separating couples to remember that superannuation is considered by the Family Law Act as property available for division between parties.[1] Unless there are specific reasons not...
