From the category archives:


Effect of International Financial Agreement in Australia

by Michelle McDermott on November 8, 2016

Michelle McDermott

In a recent decision heard by the Family Court in Western Australia, Judge Walters dealt with how Australian law takes into account a Financial Agreement made in another country.

The case of Graf-Salzmann & Graf [2015] FCWA 68 involved a 24 year marriage between a Swiss couple who migrated to Australia in 2005 with their two children, who were then … Read more

Your Duty of Disclosure and the Consequences of Non-Compliance

by Anne-Louise Pham on October 30, 2016

Anne-Louise Pham

As family lawyers, we are often advising clients in respect to their concern that their partner may be attempting to hide or reduce assets so as to minimise the matrimonial pool available for distribution pursuant to a property settlement. In almost all these scenarios, the failure to provide full and frank financial disclosure results in protracted and costly litigation with … Read more

Single Females Purchasing Property

by Natasha Heathcote on October 29, 2016

Natasha Heathcote

New data has shown a significant rise in single females applying for mortgages as more single women purchase property on their own.

Why is everyone in shock that females can be financially stable and sensible to have saved for a deposit on their own and also be able to service a mortgage?

No question is asked of single men who … Read more

Division 7A – Is There a Liability?

by Peter Magee on October 28, 2016

Byron Leong

Before a Court can make an order pursuant to the Family Law Act 1975 about how to divide assets of married or de facto parties, it must first work out the “legal and equitable interests” of the parties available for division. This means that the Court must work out the total net value of assets. The total net value of … Read more

Kate Marr

An article in the Herald Sun on 1 July 2016 reported that a wealthy Melbourne Real Estate Director has been accused of collusion, after a mansion sold for $8 million after the finalisation of a property settlement (whereby the Real Estate Director valued the property $3.13 million less, just eight months prior).

The Wife agreed to a property settlement for … Read more

But I Don’t Really Own That Property

by Peter Magee on October 23, 2016

Byron Leong

Australia has seen an increase in Chinese families moving to Australia to live from China, therefore an increase in separation of Chinese immigrant couples. Separations involving Chinese immigrants often have the complexity of assets in China. Not only are there assets in China but there may be the issue of who truly owns them.

Chinese families have a history where … Read more

A House That Splits in Half When You Separate

by Natasha Heathcote on October 23, 2016

Natasha Heathcote

It may sound like a dream come true to many couples going through contested Court proceedings “fighting over” who gets to keep the matrimonial home. However, Amsterdam based design and engineering practice Studio OBA has the solution to the problem. Split the house in half.

How you say?

A floating home that will drift apart when you also drift apart … Read more

Bree Staines

The matter of Scott and Scott [2016] FCCA 1659 (5 July 2016) was decided in the Federal Circuit Court of Australia by Judge Terry. The interesting facts in this case are that the parties were aged 83 and 91 and at the time the matter went before the Court they had been separated for 30 years – they married back … Read more

Why Are Nan and Pop in Court?

by Peter Magee on October 17, 2016

Byron Leong

Most of us understand that Family Court proceedings in relation to financial matters happen when individuals who are married or in a de facto relationship separate and they cannot agree about how to divide what they have. This is why most of us are surprised, shocked or disappointed when we hear about Family Court proceedings in relation to financial matters … Read more

Peter Magee

This article is part two of a four part series which presents strategies for resolving your family law dispute in a timely way, in circumstances where many Registries of the Family Law Courts are experiencing crippling delays of well over a year between filing initiating Court documents and obtaining a final hearing.

Making a sensible offer of settlement early in … Read more