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 […]
Does Property Settlement Affect Centrelink Payments?
Navigating the complexities of family law and government benefits in Australia can be daunting, especially when dealing with the financial implications of a property settlement. A common question arises: “Does property settlement affect Centrelink payments?” The short answer is yes, it can. Receiving assets or money from a property settlement may impact your eligibility for […]
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. This preventive step is important when the property’s value or condition could be permanently harmed if the actions continue. In Australia, […]
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. The Family Law Act ensures a fair distribution of property, regardless of individual personalities. Engaging a skilled property settlement lawyer who understands how to navigate the […]
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. In Australia, child support laws are designed to fairly distribute financial responsibility between parents. One common question our property settlement lawyers are asked is whether selling a house counts […]
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. If you’re wondering, “Can my estranged husband use our combined bank account?” the short answer is yes. In Australia, both parties have equal access to a joint bank account unless there are court orders or […]
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. In particular, handling debts incurred after separation but before divorce presents a complex area that requires careful consideration. Upon separation, the financial entanglements between partners do not automatically dissolve. In Australia, the law treats debts incurred after separation but […]
Is Loan an Asset: 7-Point Comprehensive Guide
Is Loan an Asset? Whether a loan is considered an asset depends on the financial context and who holds the loan. A loan is indeed an asset for the lender because it represents funds expected to be repaid with interest over time, thereby generating income. For the borrower, however, a loan is classified as a […]
Should I Divorce My Gambling Husband?
Deciding whether to divorce a spouse with a gambling addiction is a profoundly personal and complex decision. It involves weighing significant emotional, financial, and familial implications. If you’re contemplating this question, it’s crucial to consider not only the immediate impact of your spouse’s gambling but also the long-term health and happiness of yourself and your […]
Is My Ex-Spouse Entitled to My Inheritance Australia
The entitlement of your ex-spouse to your inheritance varies. Australian family law considers several factors when determining how an inheritance is treated during a divorce or separation. This article explores the nuances of this issue, drawing on the principles outlined within the Australian legal framework. The Legal Landscape of Inheritance and Divorce Under Australian family […]