Family Articles
Can a divorced spouse inherit?
November 19th, 2019 by | Contested Estate, Deceased Estates & Inheritance Claims, Family, Wills & Estate Planning
A vexed question which frequently confronts many a Will maker, is how can a benefit left in a Will be protected if the beneficiary later experiences a marital or de facto relationship breakdown? You might find yourself wondering, ‘can a divorced spouse inherit?’. In Australia, it can be difficult to quarantine inheritances in divorce settlements…. Read more »
De Facto Relationships a Matter of Time
November 14th, 2019 by | Family
Recent decisions of the Full Court of the Family Court re-emphasize the importance of keeping a keen eye on dates when living in a de facto relationship. De Facto Relationships – Critical Dates There are two critical dates that should be borne in mind. The first date is the date on which cohabitation in a… Read more »
What Happens to Property if a Spouse Dies During Divorce Or Separation?
October 25th, 2019 by | Family, Wills & Estate Planning
If your marriage or de facto relationship has ended, it’s crucial that you finalise your divorce property settlement (either by consent or through the Family Court) as soon as possible. But what happens if someone dies before the settlement is final? It ultimately depends on when the death occurred. Keep reading to learn more about… Read more »
What Are Mutual Will Contracts?
October 16th, 2019 by | Family
Mutual Wills are an ideal solution for modern families, as they are becoming increasingly complex in their structure. In 2016, approximately 6.4% of families were “step-families” – that is, families composed of two adults and one or more children who are not the biological or adopted child of one of the adults. Almost 3.7% of… Read more »
What is the Duty of Disclosure?
September 17th, 2019 by | Family
When you’re separating, you and your former spouse have a duty to give each other all the relevant information about your respective financial situations – this is called the duty of disclosure. The parties and the court are entitled to this information so that they can form an accurate picture of each party’s income, expenses,… Read more »
Who Pays The Mortgage After Separation (Australia)?
June 2nd, 2016 by | Family
When a couple separates, one partner usually continues living in the family home and the other party lives in rental accommodation. However, this then raises the question – who pays the mortgage after separation (in Australia)? And am I still liable to pay the mortgage repayments if I move out of the family home? In… Read more »
Binding Financial Agreements Between Spouses
June 2nd, 2016 by | Family
Are you married or living with your partner (or planning to do so)? Do you worry about how your assets and superannuation will be dealt with if you separate? You may want to consider drafting up a Binding Financial Agreement (prenup). But before you draft or sign the agreement, you need to know what’s involved… Read more »
Change the Locks after Spouse Moves Out?
February 17th, 2016 by | Family
You are entitled to your privacy and security in your home. You can ask your partner to hand over their spare keys to the property when they move out. If your partner refuses to hand over their spare keys, if you are worried about your safety and/or if they attend at your home suddenly, you… Read more »
Property Settlement Where House in Ex-Partner’s Name
February 17th, 2016 by | Family
All assets are taken into account in a divorce property settlement regardless of who has legal title to the asset. Even if your ex-partner is the registered owner of the property, you may be entitled to a share depending on your contributions and other relevant factors. Property settlements includes real estate (irrespective of whether it… Read more »
