The importance of Family Court Orders in your property settlement

So you have recently separated from your de facto partner, husband or wife. You sit down together and manage to come to an agreement about how your assets should be divided and who should be responsible for your liabilities. Things are going well. Now all that is left is completing the necessary transfer paperwork and […]


Should you look a gift horse in the mouth?

Over the course of a marriage, or even prior to, a couple may receive funds from their respective parents, often to assist them to purchase a house. The status of these monies may come into contention pending a property settlement as the Family Court treats gifts and loans differently and the difference can have an […]


Should I enter into a Binding Financial Agreement?

A Binding Financial Agreement (“BFA”) is a written agreement between parties to a marriage or de facto relationship. Couples can enter into a BFA when they are contemplating marriage or cohabitation (commonly known as a “pre-nuptial agreement”), during the relationship, or following separation. The focus of this article is on “pre-nuptial” agreements. A BFA can […]


BOOTH [2010] FMCAfam 1269

23 November 2010, published 5 November 2014 Property – Long marriage – Initial contribution of home by Mr Booth the primary asset – Contributions assessed 61/39 of $711K pool (1 per cent being for Mr Booth’s care of children) – No s 75(2) adjustment – Husband’s non-disclosure of earnings FACTS: Mr. and Mrs. Booth married […]

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