A commonly held fear is that becoming involved with someone results in that party becoming entitled to half of the assets brought into the relationship by the other, upon a later split. Fortunately, there is no blanket approach imposing a 50/50 split.
The portrayal in some U.S. based legal television series, of a pre-nuptial agreement protecting the family fortune of the wealthy intended-spouse from the clutches of the poor one, is simplistic at best.
In this blog we look at the circumstances in which a relationship between two people who aren’t married but live in the same residence, part or all of the time, could be considered to be a de facto relationship under Australian family law.
Murray Crawford recounts matters handled by the firm where estranged spouses have allegedly installed spyware onto mobile phones without the knowledge or consent of the phone user.
A common question in property settlement matters is whether property acquired or improved by one party following separation is available for division between both the parties.
Although it is tedious, failing to disclose a piece of relevant and material financial information could be fatal to the settlement, especially when there is a small property pool.
As lawyers, we have often had to caution clients wanting to relocate the children to another geographical area, about the prospect that the other parent could obtain a “relocation order” requiring them to come back again.
The use of the terms ‘custody’ and ‘access’ relating to children in the Family Court have been used for many years but have become somewhat redundant in recent times.
Increasing numbers of Australians are challenging wills in Court with a significant degree of success.
A recent study* of cases relating to challenging wills found that:
• Most wills that are contested are done so under family provision laws;
• Adult children are the most common claimants in will contests, and
• Challenging a will has a high rate of success whether it is through mediation or the courts.
According to our wills and estates lawyers, a will can be contested for a number of reasons.
CLO Lawyers is a family dispute law firm – our family lawyers help people affected by separation or divorce to sort out family disputes.
