What to Do If Your Ex is Ignoring a Court Order to Sell House: 5 Important Steps
If your ex ignoring a court order to sell house, it can be frustrating and stressful, especially if the sale is part of a property settlement after separation or divorce. In Australia, court orders are legally binding, and failing to comply can result in serious legal consequences. If your ex refuses to cooperate, there are […]
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 […]
4 Common Examples of Wastage Family Law
Wastage Family Law In family law, wastage refers to the deliberate or reckless depletion of marital assets, which can significantly impact property settlements during divorce proceedings. Wastage occurs when one party irresponsibly dissipates assets, such as through gambling, excessive spending, or disposing of property, to the detriment of the shared financial pool. The court may […]
Calderbank Offer Family Law: 3 Important Benefits
Calderbank Offer Family Law In family law, a Calderbank offer is a formal settlement proposal made on a “without prejudice save as to costs” basis. This means the offer cannot be disclosed to the court during proceedings, except when determining legal costs after the case concludes. Calderbank offers to encourage parties to settle disputes amicably, […]
Taking Out House Equity Before Divorce: 3 Helpful Methods
Divorce is a challenging time, both emotionally and financially. One of the critical considerations during this period is how to manage shared assets, particularly the family home. Taking out house equity before a divorce can be an effective strategy for reaching a financial settlement and ensuring both parties are fairly compensated. Before proceeding with taking […]
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 […]
Selling Assets Before Divorce: Helpful 4-Point Guide
In Australia, the legalities surrounding the sale of assets before a divorce is finalised are complex. While technically possible, doing so can present significant legal challenges. The Family Law Act is the guiding legislation in these matters, mandating complete disclosure of all assets, incomes, and financial resources during divorce proceedings. This transparency is crucial to […]
Financial Resources Family Law: 6-Point Comprehensive Guide
Understanding Financial Resources Family Law Financial resources family law refers to any source of financial support or potential financial gain that an individual may have access to, even if it’s not legally owned property. This can encompass a wide range of assets and resources, including future inheritances, business benefits, or even the financial contributions of […]
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 […]