Spouses will at times organise their roles so that one person is the primary income earner and the other attends to the parenting and homemaker duties. Although this division of roles may work during a relationship, when separation occurs this can create a huge disparity in...
We are often asked about whether or not the proceeds from certain transactions, particularly those involving businesses, can be added back to the asset pool and the answer is that generally the Court is reluctant to do so. In a recent case of Cabadas & Cabadas...
According to the College of Law some of the most common impacts of separation on children can include: They fear being abandoned by one or both of their parents They want their parents to reconcile They experience grief and loss, and especially so if they...
The Family Law Act recognises ‘family violence’ as being any “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or cause the family member to be fearful[1].” At Merridy Elphick Lawyers, we understand that the period initially...
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...
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...
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...
When parents separate they have the difficult task of explaining their decision to their children. Young or old, children are generally effected by their parents decision to separate and having a conversation like this needs to be age appropriate as children at different ages have...
The Court determines what is in a child’s best interest by considering the matters set out in Section 60CC of the Family Law Act 1975. Under this section the Court is required to consider any views expressed by the child and the weight it should...
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...
