Australia’s Family Law Act 1975 makes it incumbent on two former partners in either a marriage or a de facto relationship to ‘support and maintain’ each other as much as possible, even after separation and divorce.
One of the most common questions I am asked as a family lawyer when dealing with a property settlement, is how to protect assets or inheritances from the other spouse either before, during or after separation.
The answer is very simple: “It depends”!
Like many people, I struggle to remember a time before Facebook, Twitter, Instagram and Pintrest. The usage of social media has become a societal norm, with the ability to instantaneously communicate and publish to the world information and content at will.
During the breakdown of a relationship, people often find it difficult to consider their future and the direction they want to go. Often in our experience, getting advice at an early stage (even before you decide to separate) can give you the clarity and empowerment to move forward confidently and with purpose.
Most people are aware that the Family Law Courts in Australia are under-resourced and overloaded with matters causing family disputes to take years to even get to a trial (let alone judgment which may be delivered months later).
When a couple separates one of the most difficult things to do is work out the best and fairest way to divide the assets accrued during the relationship.
While Australia now appears to be through the worst of the COVID-19 pandemic and some aspects of society prepare to return to normal routines, Australia’s court system continues to operate under special procedures designed to maximise social distancing for public health safety.
In part two of this podcast, Matt Stimpson, Family Lawyer from Big Law continues the discussion on prenups, reminding listeners what they are and whether circumstances may arise to choose a Consent Order as an alternate option…. listen to the podcast
It goes without saying that during every school holidays, there is a case of a parent taking their child or children away potentially on overseas trip without the other partner’s knowledge or approval. What happens when that occurs? In this podcast, Big Law’s Family Law expert, Matt Stimpson answers this question…. listen to the podcast