Does a Trust Protect Your Assets?
Asset protection has long been a motivating factor in the establishment of discretionary trusts within Australia. It is often assumed that establishing a trust can protect certain assets from claims by third parties, including spouses upon the breakdown of a marriage or de facto relationship.
When Family Law Intersects With Farming In Rural Enterprises
An overview of family law disputes involving farming and rural enterprises, covering property division, trust structures, valuations, succession challenges and parenting considerations. Exploring the legal and practical complexities unique to rural property settlements in Queensland, where business, family legacy and livelihood are deeply intertwined.
Property Settlements and the Hidden Value of Earning Capacity
Understanding how the Family Court of Australia approaches property settlements is essential. It can help manage expectations, minimise conflict, and ensure a fair outcome.
Pets & Property Settlements
One aspect of your separation which you may not have considered is “What happens to our pets when we separate?” With many Australian families treating their pets like their own children, the law has finally evolved to recognise their importance.
We have reached an agreement, now what?
We see a lot of clients who have gone through an amicable (as much as it can be) breakup and have been able to reach an agreement with their former partner with regards to splitting up their property and making arrangements for the care of any children. And this is a great outcome for everyone except when something happens and the agreement is not adhered to or someone wants to change things. How do you protect your interests once you have reached an agreement?
How can I resolve my family law matter without going to Court?
If you and your ex can solve the problem without going to Court, then you have a hand in the solution. You each have a say. You can be heard. You each have some control over the outcome. If the two of you reach a solution, you are much more likely to do what you agree to do.
What happens to the family home?
When parties separate, there is often a dispute over the family home. In most cases, the family home is often the major asset in the property pool, together with superannuation. The family home is identified and valued with all of the other assets owned by the parties. This takes place as part of the process of working out what is available for division between the couple.
The 5 Step Process
Following your separation, you may find yourself asking “what am I entitled to?” or friends and family asking you “how much will you get?”. There is no ‘one size fits all’ answer to this question, and the answer will depend on a range of factors specific to the individual circumstances of your case.
Am I in a de facto relationship?
f you would like advice as to whether you are in a de facto relationship and/or the ways you may be able to protect your financial interests please contact our office on (07) 5458 9000 for a free chat with one of our solicitors.
Bankruptcy and Family Law
It is very common for parties to find themselves in a tight financial situation following separation. Parties often feel like they are 'broke'. However, many people fail to consider what happens when a situation goes beyond simply being 'broke'. In these cases, financial circumstances become so tight that they can sometimes lead to bankruptcy.
Valuation of Assets in Family Law
When parties separate and enter into negotiations or commence proceedings in Court for a property settlement, one of the first steps is to identify and value the assets.
How the Priority Property Pools Program Can Streamline Your Property Settlement
On 30 October 2023, the Court expanded the eligibility of parties to the Priority Property Pools (PPP) list by increasing the value of the net property pool to $550,000 (excluding superannuation), making it a cornerstone for those seeking efficient divorce solutions and property division on the Sunshine Coast.