Property Settlements

Common misconceptions of divorce property settlements

After five years of marriage and what appeared to be an amicable separation, Renee Catt was “blindsided” when her former partner commenced property settlement negotiations just days after the pair’s separation. Ms Catt has described how she lost almost $100,000.00 as...

Does proven family violence impact on family law property settlements?

In its recent review of the Family Law system, the Australian Law Reform Commission (ALRC) received submissions supporting an amendment to the Family Law Act that would clarify how family violence is relevant to property division. In the 1997 case of Kennon, the Full...

Should property be split 50/50 in Australian divorces?

The Australian Law Reform Commission recently published its Review of the Family Law System and made recommendations to simplify and clarify provisions dealing with property settlements under Australian legislation. In New Zealand, the Family Court usually orders that...

Matrimonial Losses – Sexually Transmitted Debt

Matrimonial Losses – Sexually Transmitted Debt Matrimonial debt accrued during a marriage is shared by both husband and wife in most cases at the end of a marriage. In a well-known case the Family Court stated that ‘marriage is for most couples an economic...

Post-Separation Contributions in Family Law Property Settlements

Are post-separation contributions included in the asset pool in family law property cases?   The short answer is Yes, post-separation contributions are a monetary contribution type included in the asset pool to be assessed in a property settlement for the...

Can I afford to separate? Can I get financial support from my ex?

Spousal support after separation is a big issue. We frequently see the breakdown of relationships whereby one party is in control of the household finances and is the main breadwinner while the other party is primarily responsible for raising children and running the...