In parenting matters parties must make full and frank disclosure of all information relevant to the issues of the matter, at all stages throughout the matter. The information and documents will be specific to each matter. Examples of documents to be disclosed may include medical reports about a child or parent, school reports, letters and drawings...
Read MoreThe types of documents a party may be asked to provide by way of disclosure are: Disclosure must also be made about any property disposal (whether by sale, transfer, assignment or gift) in the year immediately before the separation of the parties or since separation. Our next article will discuss what disclosure looks like in parenting matters.
Read MoreAll parties in a family law separation must provide to the other party by way of their duty of disclosure all information relevant to an issue in their case. This includes information that the other party may have no knowledge of. The duty of disclosure continues until the matter is finalised.
Read MoreWe have found that people often confuse dividing property after separation with the Divorce process, they believe them to be one and the same. They are in fact two separate processes. You can attend to a family law property settlement immediately upon separation provided that the parties (or a party) believes there is no reasonable likelihood of re...
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Read MoreThe final step is to determine whether the outcome of any property division is fair and equitable to both parties. This will be assessed having regard to the circumstances of each party as outlined in Steps 2 and 3. Overall the main considerations of the Court when considering the division of assets are the contributions of the parties, their futur...
Read MoreThe third step is to identify any factors which need to be taken into account having regard to the ongoing and future needs of each party. Future needs can cover a range of factors for which the parties in a relationship may face in unequal proportions. Factors can include – After considering these circumstances an adjustment may be made to the con...
Read MoreThe second step is to identify the contributions, both financial and non-financial, that each party has made to the acquisition and maintenance of assets. Financial contributions include but are not limited to the following: Income from working or other sources, this can include wages, investments earnings and Government benefits; Significant ass...
Read MoreThe first step in property division (AFTER meeting the threshold we discussed in the last article) is determining the asset pool of the parties. An agreement will need to be reached between the parties in relation to the value of all assets and liabilities of the parties (whether held solely, jointly or in the name of any company or trust with whic...
Read MoreWhen a relationship ends, a decision will need to be made with respect to the division of assets (property) and debts. Where an agreement cannot be reached, you can apply to the court for financial orders, including orders relating to the division of property. In property settlement disputes there is a four step approach taken by the Court when ass...
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