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An initial contribution in a short de facto relationship

The following case is an example of where an initial contribution in a short de facto relationship was given significant weight given the lack of "off-setting" contributions by the other party during the relationship.

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Applying to the court for financial property orders

The Australian Family Law Courts require most couples who divorce to make a good faith effort to resolve their differences by negotiating a property settlement before asking the court to divide their property.

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Assessing Inheritances in Australian Family Law Property Settlements

Inheritances can play a significant role in family law property settlements in Australia. The court will consider several factors, including the timing of the inheritance, how it was used, and its nature, to determine its treatment in the property settlement.

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Bankruptcy of a party to a marriage or de facto relationship

This article sets forth the important issues in Bankruptcy Matters that can be heard before a Family Court in Australia.

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Best way to achieve your property settlement goals

Most couples dread property settlements. It is usually a time-consuming and expensive process. The are quicker ways to achieve your settlement goals.

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Ceasing or modifying spousal maintenance orders

Payment of periodic spousal maintenance ceases upon the death of the payer or the payee. Payment of periodic spousal maintenance will also cease upon the remarriage of the payee

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Changing the Locks after Separation Rights and Legalities in Australia

The legal rights to change the locks after separation depend on various factors, including property ownership, rental agreements, and any existing court orders

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Cohabitation Agreement - pre nuptial agreement

Prenuptial and cohabitation agreements can address a number of issues, such as how the parties will divide the housework. It is good to think about those things before you begin your relationship, but agreements concerning division of labor are not easy to enforce in court.

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De Facto Maintenance Alimony

Under the Family Law Act, both spouses have a duty to support and maintain each other, even after you have separated or divorced.

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De Facto spousal maintenance

To be eligible for spousal maintenance, the applicant must show that he or she has lost their earning capacity as a result of the relationship, but that they are prepared to participate in training and further education to increase their ability to earn.

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Dividing property in a divorce or de facto relationship

Married couples can divide their property without the assistance of a court, but might want to take steps to make their agreement binding

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Division of property in divorce

If separating couples do not agree about division of property and money they have no other recourse but to go to court and apply for issuance of orders

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Division of property under the family law act

The family home is the asset that most often causes controversy, both before and after a divorce. It is usually the most valuable asset to divide in a divorce.

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Duty to maintain another person

The words 'duty to maintain' are limited to a legal duty and do not include what is only a moral obligation to maintain another person (Vick and Hartcher (1991) FLC 92-262).

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Exclusive Use and Occupation of the Family Home After Separation

Obtaining exclusive use and occupation of the family home after separation can be a complex and emotionally charged process.

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Expert witness property valuer

The court or the parties may appoint a single expert witness to help with substantial issues in dispute. The primary duty of the single expert witness is with the court.

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Facts about re-opening a property settlement

The majority of property settlements based on mutual agreement, whether they are to do with the breakdown of a matrimonial or a de facto relationship, are filed by the use of a Consent Order.

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Family Court Enforcement of Financial Orders

The Family Court can order the parties in a family law proceeding to do or refrain from doing certain things. Orders might be contained in a decree, a decision, a declaration, or a judgment entered by a judicial officer.

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Family Court initiating application

Family court final orders means the order of the court that finally decides a case (brings the case to a close) that is commenced by an Application for Final Orders (Initiating application).

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Family Court Procedures in Property Cases

Property issues in a divorce or after a de facto relationship breaks down include the division of assets and debts, including superannuation

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Family law and various courts

Family law disputes are governed by the Family Law Act . Each court bases its decision on the aforementioned law in accordance with their Rules of Court

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Family Law Business Valuation

There are a number of factors to be taken into consideration when valuing a business for family law purposes for this reason valuation methodologies vary depending on the type of business being valued.

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Family Law Case Assessment Conferences in Financial Cases

If you filed an application for a financial order seeking a property settlement in a Family Law Court, you will probably be required to attend a case assessment conference.

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family law property settlement procedure

Parties to a divorce or separation who need a property settlement must try to work out their differences before asking the Family Court for a financial order.

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Final spousal maintenance Orders

A property settlement must be determined first before a final maintenance. This is because sometimes the property settlement would render a need for maintenance unnecessary or impracticable.

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Financial Agreements After Dissolution of Marriage or Relationship

Financial agreements can be a valuable tool for parties to resolve their financial matters upon the dissolution of a marriage or relationship. However, they must be carefully drafted and meet all legal requirements to be legally binding.

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Financial agreements after divorce

If you plan to get married, you can make an agreement with your future spouse about how finances will be handled during your marriage or in the event of a divorce

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Financial agreements during de facto relationship

This article has for its subject a financial agreement entered into during the existence of a de facto relationship and not after the termination thereof.

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Financial agreements during marriage

If you plan to get married, you can make an agreement with your future spouse about how finances will be handled during your marriage or in the event of a divorce.

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Financial binding agreements - Aussie Divorce

The financial agreement outlines each party's agreement to the financial arrangements, in order to avoid the need for going to court over property matters.

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Financial Contributions and Non Financial Contributions

Section 79 of the Family Law Act attempts to deal with how the financial assets of a couple are determined by an examination of both the direct financial contributions as well as indirect

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Financial contributions in a proeprty

During a marriage or de facto relationship it is expected that the couple will be accumulating assets. In fact, it is a common goal of a couple to acquire properties and financially enrich their relationship.

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Financial Contributions Property Settlement

Earnings, gifts, and other monetary contributions to marital property are considered when dividing the property pool after a divorce When a Family Law Court makes a property settlement after a divorce, it is required to consider both the financial and the non-financial contributions that each spouse made to the property pool.

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Financial Disclosure after Separation in Australia

This article will outline the process of financial disclosure after separation, the legal requirements, and the consequences if one party refuses to provide the necessary information.

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Financial resources - family law Act

A financial resource is different from a property because it cannot be immediately sold or transferred. Just like property it must also be disclosed during property settlement.

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Formalising a Property Settlement

In most cases, it is best to use a binding financial agreement or a consent order to divide your property after a divorce

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Gifts and inheritances in family law

Gifts and inheritances received by a party may be considered as property to be included in the inventory of assets in a property dispute.

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How courts resolve property settlement disputes

Property settlement proceedings in family law cases are heard in either the Family Court or the Federal Circuit Court (formerly known as the Federal Magistrate’s Court). They are governed by section 79 of the Family Law Act.

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How do i start the property settlement process

A property settlement resolves financial issues after a relationship ends, including the division of property and the payment of maintenance. Divorcing spouses or couples who are ending de facto relationships can make their own agreement or they can ask the court to make decisions for them.

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How special skills affect property settlements

A breadwinner’s special skills that increase the value of a property pool

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How to protect your assets when entering a relationship

There are a number of practical steps that can be taken to protect your assets including entering into a formal agreement with your partner (see 'Formal agreements with your partner: cohabitation, pre-marital and financial agreements').

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I need to prove we are divorced

Your divorce order is your official proof of divorce

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Inheritances and Family Law

Marriages and de facto relationships are usually long-term affairs, running into years and even decades. Throughout this time a parent or grandparent may die and pass on assets to children and siblings as an inheritance.

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Initial contributions family law

In some cases, a party will come into a marriage already owning property. These initial contributions carry more weight in short marriages

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Is property settlement taxable in a Divorce

It’s very important that property you receive in your divorce settlement does not have a capital gain larger than your ex-spouse. In terms of determining which items are taxable a list of the most common items involved in a property settlement such as the marital home, investment properties and companies.

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Lodging a Caveat on Matrimonial Real Property

Some parties in a property dispute find it necessary to lodge a caveat on the certificate of title of real property.

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Married Couples can make binding financial agreements

Since December 2000, the Family Law Act has allowed married couples to enter into binding financial agreements before and during marriage and after separation.

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My Ex and I agreed on property settlement and finances

Many couples reach agreements privately and without involving lawyers or the Court in reaching such agreements.

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Non Financial Contributions in family law property settlements

Non-financial contributions include those contributions that result to increase in net-asset pool

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Non financial contributions property settlement

A court will give recognition to this non-financial contribution made by the party when it comes to a property settlement when the relationship has ceased.

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Non-financial Contributions in family law

Non-financial contributions are one of the factors that the court will consider when deciding what orders to make in a property settlement case.

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Now that we have separated who has to pay the mortgage

Many partners are surprised to find that the ex who has moved out of the jointly owned property can stop making repayments.

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Offer of property settlement

Rule 10.02 provides that a party may not mentioned that a without prejudice offer of settlement has been made at any hearing or in any document filed in the proceedings.

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Offers of settlements

A party to a family law dispute may offer to settle in writing to the other party. The making, acceptance and withdrawal of an offer must be made in accordance with the Family Law Rules 2004.

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Offers to settle processes

An offer to settle is a remedy available to both parties.The main purpose of the Family Law Rules 2004 (FLR) is to make sure that each case relating to family relations is resolved in a speedy and timely manner at a cost to the parties and the court that is reasonable in the circumstances of the case.

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Parental Contributions Towards Buying a Home

Parental contributions towards buying a home can be incredibly helpful for children looking to enter the property market. However, it is essential to consider the legal, tax, and Centrelink implications of such contributions and seek professional advice if necessary

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Parenting Contributions Considered in Property Settlement

The parenting contributions of a spouse or de facto partner will be considered by a court when making a property settlement order.

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Post separation contributions and the matrimonial asset pool

A post-separation contribution is relevant in a property settlement case. The court will consider the post-separation contribution of a party in making a fair and equitable property settlement order.

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Post-separation contributions

In some cases, a party will continue to make contributions post-separation which need to be taken into account, particularly where that party is caring for children and the other party is able to continue to earn an income and save money

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Pre nup agreements or binding financial agreement

Prenuptial agreement or binding financial agreement, as it is known under the Family Law Act is made between parties prior to their marriage

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Pre-marital assets and the erosion principle

The erosion principle in property settlement is applicable to premarital assets. The contribution of a party in the form of a premarital asset will be eroded in a long relationship.

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Process of Partial Property Settlement Payments

Partial property settlement payments can be a helpful tool in managing the financial implications of separation or divorce. However, it is essential to approach the process with caution and a clear understanding of the potential consequences.

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Property disputes may be settled in and out of the family courts

Property disputes may be settled in and out of the courts. Parties will have to go through a dispute resolution and if they do not reach an agreement they can go to court for a property settlement.

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Property order Step 1 Identify and value belongings and debts

Step 1: Identify and value belongings and debts.You can consider any of the property belonging to both parties in settlement proceedings.

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Property order Step 2 Looking at each persons contributions

Once you’ve finished valuation, contributions to the relationship are assessed. The court looks at financial and non-financial contributions, and a division of the pool is made either using an asset-by-asset or percentage approach.

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Property order Step 3 Needs and resources

The court doesn’t only examine the past and present needs of the parties involved in a separation case. In this article, we’ll look at how future needs and resources play a role.

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Property Orders

You can apply to the Family Court or Federal Circuit Court for orders for property settlement and this may be done at any time.

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Property orders of the court

The court has some far-reaching powers when it comes to property orders. It may order the transfer of the property to either party or to a child from the marriage.

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Property settelement case of a short marraige with no children

This case concerned a three year relationship where there were no children. At first instance, the trial judge returned to the parties their initial contributions and then divided equally the uplift in the assets that occurred during the relationship.

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Property settlement - prior disposal of assets by your ex

Can one of the parties to a property settlement dispose of their interest in an asset prior to reaching an agreement?

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Property settlement - valuing assets and liabilities

Property negotiations may be fruitless if you cannot agree on the value of the assets. Dividing by percentages is only useful when the value of the 100 per cent share – the whole pie – has been quantified.

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Property Settlement After Divorce

Property settlement involves the parties agreeing or the court making orders that divide the parties' assets between them. Parties to the marriage or de facto relationship can save processing time instead of waiting 12 months

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Property settlement after divorce time limit

After divorce, parties to the marriage may divide their properties by a written agreement between them without any court proceedings

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Property settlement and financial contributions

A party may claim that a specific financial contribution should entitle them to a bigger share of the assets. A decision regarding this will be determined by the Court.

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Property Settlement FAQ

Here are some of the most common questions we are asked about financial issues in family law proceedings.

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Property settlement favors husband's greater contribution

Family court judge gives largest share of property pool to husband while making additional award to wife for spousal maintenance

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Property settlement for married couples

A divorce does not cover the division of a married couple's property. This must be applied for separately. The law regulating property settlements is contained in the Family Law Act 1975

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Property settlement frequently asked questions

Frequently asked questions on divorce property settlement.How would the property be divided between spouses? A marriage or de facto is like any co-owned business.

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Property Settlements and bankruptcy

The Court also has the power to set aside any property settlement order if it was made at a time when one of the parties to the marriage or de-facto relationship was bankrupt or became bankrupt after the making of the property settlement order.

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Property settlement No stamp duty

You don't have to pay stamp duty if one of you is transferring the title to a home or land to the other. But you can only save the stamp duty if the transfer is done to enable you to obey a Court Order.

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Property valuation is an important step in family law

Valuation is an important step in a property dispute and it will depend on the circumstances of the case. There are various methodologies that can be used in putting a value on a property.

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S90B - Financial Agreements Before Marriage

Financial Agreements before marriage may be made only by parties contemplating entering into a marriage.

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Section 752 Family Law Property Settlement Factors

There are several factors that the Court will take into account in deciding property settlement cases. The Court will exercise its discretion in determining which factors will apply to the case

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Section 794 Alteration of property interests

When a Family Law Court divides property that people acquired together, the law refers to the court’s action as an “alteration of property interests.” This article will explain the law that governs the court’s decision.

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Setting aside property settlement orders

Pursuant to s 79A(1) FLA, a person affected by an order made under s 79 FLA may apply to have that order set aside or varied. If the court considers it appropriate, it may make another order under s 79 FLA in substitution for any orders it has set aside.

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Special skills consideration in a family property settlement dispute

The difficulty emerges when one person in the relationship claims that they have contributed far more than the other because of “special skills”. This may come from extraordinary effort, or clever investment(s), or because of particular entrepreneurial ability.

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Spousal maintenance orderUrgentVarying or ceasing

Spousal maintenance refers to maintenance which is payable by one partner. A partner to marriage is liable to maintain the other partner to the extent that they can reasonably afford to do so and if their spouse is unable to support him or herself adequately.

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Steps in Calculating a Property Settlement in Family Law Disputes in Australia

Property settlement in a family law dispute involves the division of assets and liabilities between parties following a separation or divorce.

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Tax liabilities of business in property settlement

In family law proceedings, especially those that concern property settlement, it is unavoidable to sell certain assets or liquidate companies.

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Termination of financial agreements by the Parties

Financial Agreement can be terminated by the parties entering into a new Financial Agreement or by simply entering into a Termination Agreement if the parties do not require a new Financial Agreement.

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The court will make financial orders based on what is fair

The court will make financial orders based on what is fair to both people They will look at contributions made during the relationship and the future needs of both people

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The effects of domestic violence in property settlement

Actually, the primary factors that determine resolution of property settlement court cases are the contributions and needs of the parties to the relationship.

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The family court process financial issues

A financial dispute between spouses and de facto partners is treated basically the same with any family law case. It will also have to go undergo pre-action procedures before the court will hear an application for orders.

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The Family Court Process Conciliation Conference

A conciliation conference is part of the dispute resolution process. This article will tell you what you need to know about conciliation conferences.

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The four step process to family law property settlements

In Australian family law, property settlements following a separation or divorce are facilitated using a systematic four-step process.

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The Impact of Bankruptcy on Spousal Maintenance and Child Support in Australia

Bankruptcy in Australia carries implications that reverberate across various spheres of an individual's life, including their obligations towards spousal maintenance and child support.

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Time limits to apply for property settlement

The time limit for bringing an action for property settlement in a marriage is 12 months after the divorce. As for a de facto relationship, an action for property settlement must be brought within two years after the end of the relationship.

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Unlodged tax teturns and family court proceedings

The Family Court has given a timely reminder of its duty to protect tax revenue. A trial judge adjourned the property trial out of concern that the litigant husband and wife had failed to file tax returns for a number of years, and discrepancies between the information declared in the tax returns which had been lodged and the sworn evidence in the proceedings.

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What happens to property when a divorcing spouse dies

When a couple separates or divorces, they either agree to a property settlement or they ask a court to divide their property for them.

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What is property in family law

Property includes assets owned individually, jointly (with one or more people), or by a family trust or family company. It may also include property that you or your ex-partner used to own, but has recently been sold or given away.

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What is Property

It is important to know the definition of the property since in a property dispute it is needed to identify properties of the parties. Section 4 of the Family Law Act 1975 (FLA) provides a broad definition of property.

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Why most couples enter into a prenuptial agreement

Prenuptial Agreement or Binding Financial Agreement has only been around in Australia for 10 years. Within the ten year period, it has become a popular recourse for people who want to protect their separate properties upon entering marriage

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