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Just and Equitable

Can I Enforce an Informal Property Agreement?

by Kate Marr on August 31, 2016

Kate Marr

No.

It was reported in the November edition of the Law Society Journal that in the matter of Graf-Salzmann & Graf [2015] FCWA 68, Walters J heard a matter involving a property dispute between a married couple who struck an informal agreement in 2004 (in effecting splitting their assets equally) prior to their final separation in 2010.

By way of … Read more

Peter Magee

Consent Orders for property settlement matters are designed to effect a clean financial break between former spouses and de facto partners. They are intended to be “once and for all” arrangement in respect of parties’ assets, liabilities, superannuation and financial resources.

Once the Consent Orders are issued they have the same effect as a court order made by a Judge … Read more

Kate Marr

In the matter of Stanford v Stanford (2012) the High Court decided that it was not “just and equitable” to separate the assets of an elderly married couple just because they involuntarily separated, when one spouse was forced to move into a nursing home.

By way of background, the parties to the family law dispute married in 1971. It was … Read more