Tax on a Property Settlement: CGT, Division 7A, Super and Stamp Duty
The tax consequences of a property settlement are easy to miss and expensive to fix later. CGT on an investment property is the one we see forgotten most.
Best Superannuation Division Options for Divorce in Melbourne: A Family Lawyer’s Guide
I’ve guided hundreds of clients through the complexities of superannuation in divorce. It’s consistently one of the most misunderstood aspects of property settlement, and often represents 25-40% of a couple’s total asset pool. Getting this wrong can cost you decades of retirement savings. 2025 update: Since 10 June 2025, the Family Law Act sets out […]
Inheritance in Divorce: How the Courts Really Treat It (and How I See It in Practice)
Going through a separation is tough enough without worrying about whether your late parent’s legacy might end up divided with your ex-partner. I’m Hayder Shkara, director of Melbourne Family Lawyers, and I’ve helped hundreds of clients navigate exactly these questions. Let me walk you through how inheritance in divorce actually works in Australia. Quick answers: […]
Shinohara Decision Ends the Practice of ‘Add Backs’ in Family Law Property Settlements
The Full Court of the Federal Circuit and Family Court of Australia (Division 1) has handed down a landmark decision that changes the way property settlements are approached under the Family Law Act 1975. In Shinohara & Shinohara (No 2) [2025] FedCFamC1F, the Court confirmed that the long-standing practice of “add backs”, where certain spent […]
Does Property Settlement Affect Centrelink Payments?
Yes, a property settlement can affect your Centrelink payments after separation or divorce. This usually depends on the assets or money you receive. It also depends on your financial circumstances and the type of payment you receive. 2025 update: Since 10 June 2025, changes to the Family Law Act have clarified how courts approach property […]
Types and Legal Requirements for Injunction Orders on Property
An injunction order on property is a legal remedy issued by a court that prevents an individual or entity from taking specific actions concerning a disputed property or a property at risk of harm. 2025 update: Since 10 June 2025, the Family Law Act sets out the steps the court follows in a property settlement […]
How to Get a Fair Property Settlement With a Narcissist?
Yes, getting a fair property settlement with a narcissist in Australia is possible. Dealing with a narcissist in a property settlement and divorce can be challenging, but not impossible. 2025 update: Since 10 June 2025, the Family Law Act sets out the steps the court follows in a property settlement (section 79 for married couples […]
Does Selling a House Count as Income for Child Support in Australia?
Child support is a critical aspect of ensuring that children receive the financial support they need to thrive, particularly in the event of separation or divorce. 2025 update: Since 10 June 2025, the Family Law Act sets out the steps the court follows in a property settlement (section 79 for married couples and section 90SM […]
Can My Estranged Husband Use Our Combined Bank Account
Navigating the complexities of financial matters during a separation can be challenging, especially regarding shared assets like joint bank accounts. 2025 update: Since 10 June 2025, the Family Law Act sets out the steps the court follows in a property settlement (section 79 for married couples and section 90SM for de facto couples). The court […]
Debts Incurred After Separation But Before Divorce? Here’s What to Do
Understanding the financial implications of separation and divorce is crucial for anyone navigating this challenging phase. 2025 update: Since 10 June 2025, the Family Law Act sets out the steps the court follows in a property settlement (section 79 for married couples and section 90SM for de facto couples). The court must also consider the […]