It is not common knowledge that, in Australia, when a marriage or a de facto relationship ends, one party to the relationship may be ordered by the Family Court to “financially maintain” the other party to the relationship, by way of “spousal maintenance”.

Families and money can sometimes be a volatile combination. That is never more so than where divorces and Wills are concerned. When is an inheritance an asset for family law purposes?

Many clients come to see a family lawyer wanting to talk about issues related to the Australian Tax Office (“ATO”), while others haven’t turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power of the ATO in family law property settlements. Family...

When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such, for all couples except de facto couples in Western Australia, superannuation can be adjusted, transferred or divided between parties when a relationship breaks down. This is...

The breakdown of a marriage or de facto relationship is a difficult time for all involved. With complex laws and emotions running high, it is easy to become stressed and overwhelmed. Whilst a stress-free separation may seem ambitious, the following tips are likely to alleviate some of the strain associated with a separation. 1. Determine...

Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not...

There are many names for Binding Financial Agreements or BFA’s, including; Pre-nuptial Agreements (commonly known as pre-nups), Post-nuptial Agreements (post-nups); and Cohabitation Agreements. They are known by the courts as Binding Financial Agreements. There have even been movies about them and their enforceability and plenty of sensational newspaper stories but this article sets out the...

Parents do not have to go to court about the care arrangements for their children if they separate. At Frichot & Frichot, as a matter of principle, we encourage clients to endeavour to reach an agreement with ex-partners about proposed arrangements for their children after separation. This may be achieved by direct negotiation or mediation,...

When a marriage or de facto relationship breaks down, it is not unusual for separated parties to be anxious about possible entitlements in a property settlement. This is not surprising, given that family law is complicated, the disputes are often emotional and the “rules” are poorly understood. There are also many inaccurate statements and myths...