Property and Financial Matters

06 Apr Making the best of a pig’s ear

Posted at 16:03h in Children's Issues, Court Orders, Family Court, Family Solicitors, Property and Financial Matters by Merridy Elphick Lawyers

In the current climate of job uncertainty and the pressures placed on families due to the combined impact of the economy and the COVID-19 crisis, most people, if they do decide to separate, want to do so quickly and amicably. It is hoped that once there...

26 Nov Valuations in Property Settlement Matters

Posted at 13:55h in Court Orders, Court Representation, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick Lawyers

The Family Law Act 1975 determines how to divide property following the breakdown of a relationship. An important step in this process is to identify and value the assets that form the property pool. Property or business valuations will help establish both the value of...

04 Oct What is spousal maintenance? And, am I entitled to it?

Posted at 16:04h in Family Lawyers, Family Matters, Property and Financial Matters, Separation, Uncategorized by Merridy Elphick Lawyers

Following the breakdown of a marriage or de facto relationship, one party may find it difficult to adequately support themselves. Spousal maintenance is financial support paid by one party to the other to assist in meeting living expenses on an interim or final basis. It is...

27 Sep Property Settlements and the Impact on Child Support Assessments

Posted at 12:35h in Child Support, Family Law, Property and Financial Matters, Sarah Goldfinch by Merridy Elphick Lawyers

There are certain payments or transfers that may be made pursuant to a property settlement that can impact how a Child Support Assessment is determined or reviewed. In the recent decision of Ely & Ely & Anor [2019] FCCA 503, the Court was required to consider...

06 Sep Judging a book by it’s cover. What makes someone an ‘expert’ and why is it important?

Posted at 11:24h in Divorce, Family Court, Family Law, Property and Financial Matters, Separation by Merridy Elphick Lawyers

One of the first steps in a property settlement is to identify and value the assets of the marriage or relationship. The valuation of a particular asset may be required if an agreed value cannot be reached, or if the asset is complex or unusual...

10 May Adesso & Payton [2019] – Are you entitled to a property settlement?

Posted at 17:17h in Court Orders, Defacto Law, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick Lawyers

In February 2019, a matter concerning the existence of a de facto relationship was considered in the Federal Circuit Court. In Adesso & Payton [2019] FCCA 343 Ms Adesso made an application to the Court seeking final orders for a property settlement and then the...

23 Apr Facebook Fury – Why venting on Social Media will ultimately turn against you

Posted at 14:43h in Court Orders, Court Representation, Defacto Law, Divorce, Domestic Violence, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Same-sex, Separation by Merridy Elphick Lawyers

Angry shots and barbs posted online often become grist for the mill of the Family Courts. Social media content is often submitted as evidence to the Court if it calls into question a party’s integrity, character, or child focused approach to co-parenting. It is important to...

15 Apr When does a sperm donor go from being a ‘donor’ to ‘dad’? Continued…

Posted at 13:16h in Alternative Dispute Resolution, Child Custody, Child Support, Children's Issues, Consent Orders, Court Representation, Defacto Law, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Same-sex, surrogacy by Merridy Elphick Lawyers

The area of law that establishes whether a donor is a ‘legal parent’ for the purposes of the Family Law Act 1975 (Cth) is an area of law that is still emerging. As to recent and current developments in this area of law, the High Court...

05 Apr What happens when you kiss and make up?

Posted at 13:34h in Alternative Dispute Resolution, Binding Financial Agreements, Consent Orders, Court Orders, Court Representation, Defacto Law, Divorce, Divorce Lawyer, Family Court, Family Law, Family Law Lawyer, Merridy Elphick, Newcastle, Property and Financial Matters, Relationship Law, Separation, Settlement Conferences by Merridy Elphick Lawyers

In the matter of Borg & Bosco [2019] FCCA 66 (18 January 2019), Ms Borg and Mr Bosco had been in a de facto relationship for approximately 6 years and then separated in 2005. After they separated on 2005 they entered an agreement to divide...

01 Feb How long does it take to get an outcome in the Family Courts?

Posted at 15:18h in Alternative Dispute Resolution, Child Custody, Child Support, Children's Issues, Consent Orders, Court Orders, Court Representation, Divorce, Family Law, Family Law Lawyer, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Sacha Mastras, Separation, Settlement Conferences, Uncategorized by Merridy Elphick Lawyers

After you separate it is possible that you may need to consider the sorts of arrangements you want for your children or for your property going forward. An agreement with your spouse can be achieved in a number of ways, including: 1. Negotiation directly with your spouse...