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 […]
Pet Ownership Disputes: 6-Point Comprehensive Guide
Pet Ownership Disputes Pet ownership disputes often arise in cases of separation, divorce, or disagreement between co-owners, making it challenging to determine who retains custody of the animal. In Australian law, pets are generally considered property, meaning disputes are resolved similarly to other asset-related disagreements. However, these cases can be particularly difficult to navigate because […]
Property Valuation in Divorce Settlement
When couples face the challenging prospect of a divorce, the division of their shared assets becomes a primary concern. In Australia, property valuation for divorce settlements is a crucial step to ensure a fair distribution of property. This article delves into why property valuation is important in divorce proceedings, the methods used, and how to […]
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 […]
Who Pays Court Costs in Property Settlement?
In property settlements, a common question is, “Who pays the court costs?” In Australia, the general rule in family law disputes, including property settlements, is that each party is responsible for their legal costs. However, the court has the discretion to order one party to pay all or a part of the other party’s legal […]
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, […]
Forcing a Property Settlement in Australia
Property settlement is a crucial aspect of divorce or separation in Australia, ensuring a fair and equitable distribution of assets between parties. While the process is often collaborative and amicable, disputes can arise, causing delays and hindrances to achieving a resolution. From June 2025, courts must follow a structured four-step framework before making a property […]
Bankruptcy Joint Property: 8 Helpful Strategies
When an individual faces bankruptcy, the fate of property owned jointly becomes a complex issue that requires careful navigation. In Australia, when an individual declares bankruptcy, the management of jointly owned property is subject to clear laws and procedures designed to fairly address the rights and interests of all parties involved. Under the June 2025 […]
Short Marriage Property Settlements: 3 Important Factors
When marriages end early, the process of dividing assets and liabilities, known as a short marriage property settlement, becomes a concern. In Australia, short marriages are typically considered those lasting less than five years. Despite the brief duration, the division of property can be complex, requiring careful consideration of contributions made by both parties and […]
How Long After Separation Can You Claim Property Australia
After a separation, many wonder how long they have to claim property. The answer is bound by legal time frames in the Family Law Act 1975. Married couples must apply for a property settlement within 12 months of a divorce finalisation. For de facto couples, there are two years from the date of separation to […]