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Co parenting under the one roof

by Kate Marr on May 15, 2016

Kate Marr

Living separately under the one roof

On 9 September 2015, KIIS 106.5 FM published on their website an article headlined “Affleck and Garner Stay Separated, Living In Same Compound”. The article queried if Ben Affleck and Jennifer Garner’s decision to remain living in the same property compound is ambitious or admirable.

From reading the article, it seems at this stage; … Read more

Gold Coast House Party

by Michelle McDermott on December 18, 2015

Michelle McDermott

The way that the press report stories, particularly relating to family law matters, has always been one of those things that has caused me to get a little, shall we say, cross.

Take the recent example of a house party on the Gold Coast which a mother hosted for her 14 year old daughter. The old saying is that ‘a … Read more

Peter Magee

It is not uncommon for employees to receive shares from their employer as part of a salary package or bonus. These shares are usually granted to an employee but are subject to forfeiture in the event certain predefined events occur, such as the employee leaving the company before the vesting date.

Whether unvested shares are actually property or a financial … Read more

Peter Magee

A consent order is a written agreement between former spouse’s or de facto partners that is approved by the Family Court. As the word consent implies the agreement must be accepted by all parties and the Family Court.

Consent orders consist of two documents. The first document is the Application for Consent Orders which is approximately 25 pages in length … Read more

How can the family law process save you money?

by Peter Magee on October 9, 2014

Peter Magee

A reason why former partners should legally formalise their property settlements is so that they are exempt in some circumstances from paying duty for house and land transfers. This could result in a substantial monetary saving for one or both parties.

Stamp duty or Transfer duty (“duty”) is calculated on the value of the property or the money paid for … Read more

$4.8 Billion Divorce Pay Out

by Peter Magee on September 2, 2014

Peter Magee

Ninemsn reported on 20 May 2014 that a “Russian billionaire has been ordered to pay more than $4.8 billion to his ex-wife to settle a six-year divorce battle.”

In the article, titled “Billionaire’s wife awarded $4.8 billion in divorce battle” Ninemsn report that the Geneva court found that the owner of French football team AS Monaco, Dimitry … Read more

Act fast to protect your super when divorcing

by Peter Magee on June 19, 2012

Peter Magee

If you are due to receive a lump sum property settlement, what can you do to protect that asset (cash, a property or superannuation) from being spent before you receive it?

The Canberra Times reported on 29 March 2012 in an article titled ‘Super spend lands husband in jail’, on a Federal Magistrates Court case in NSW. In … Read more

Make a date to separate

by Peter Magee on April 10, 2012

Peter Magee

Many people are not clear about the meaning of separation for the purposes of family law. What does it mean to be separated for the purposes of family law? It is important to know and understand that there are different types of separation. Firstly, there is separation under one roof. This occurs where spouses or de facto partners are separated … Read more

Peter Magee

Many people hold an incorrect view about the divorce process and property settlement process. It is quite common for people who have separated from their spouse to think that their divorce and their property settlement are the same process. However this is not the case. In fact, your divorce and your property settlement are two separate processes.
It is important … Read more

Cohabiting but uncommitted. What the law says.

by Peter Magee on February 14, 2012

Peter Magee In The Australian, demographer, Bernard Salt, provides an overview of various types of “tribes” in Australia in his article called “Taking The Emerging Tribes From The Bush To The Big Smoke” dated 13 October 2011.

In particular, Salt describes the “clump” which “describes usually young couples (can be gay or straight; my terms do Read more