Uncategorized Archives - Expert Family Lawer

Legal Fees Added Back into the Asset Pool

Background In lengthy litigious proceedings parties can accumulate large legal fees. The question is can these legal fees form part of the asset pool in a property settlement? In the recent decision of Trevi & Trevi (18 May2017), the Full Court

Binding Financial Agreements and Lawyer’s Certificates

Case of Hoult & Hoult [2013] FamCAFC 109 (26 July 2013) Appeal against a section 90B Binding Financial Agreement. Wife denied receiving independent legal advice, as required before a financial agreement is binding under the Family Law Act 1975. Originally

Property distribution in de facto relationship case

Case of Abell & Vogel [2013] FamCA. The case concerned de facto partners who were in a relationship for less than twelve months, but purchased a home together and had a child. The female partner had contributed more money to

A Matter of Trust in the Family Court

Case of Romano & June [2013] FamCA 344 (17 May 2013) The issue was whether the assets of the trust were to be included in the pool of matrimonial property to be divided pursuant to Part VIII of the Family

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