THE EFFECT OF DOMESTIC VIOLENCE ON DIVISION OF PROPERTY

The Federal Court has recently considered how domestic violence toward a wife should be taken into account in the division of matrimonial property both in terms of her contributions and also to her likely future employability. The Family Law Act gives the Court discretion to alter property rights to ensure that there is a just distribution between the parties. Generally, this takes into account both the contributions made by each party as well as their future needs. For some time the occurrence of family violence has been a relevant factor...

read more

I WANT TO RELOCATE WITH MY CHILD

What happens after separation if one parent wants to move with their child to live at a location significantly distant from the other parent? Recently the Family Court had to consider the future living arrangements of a child when her mother appealed against an order refusing her permission to relocate to Pilbara in northern Western Australia from Perth where the child’s father lived. Notably, the child’s parents had separated before her birth and her father had spent relatively little time with her so that the mother was almost the...

read more

WHO GETS THE FARM? THE IMPORTANCE OF INITIAL CONTRIBUTIONS IN FAMILY LAW PROPERTY SETTLEMENTS

In a recent matrimonial property case the Federal Court was presented with the task of evaluating and comparing the significant initial contributions of the husband who had been a farmer all his life and brought into the relationship – and inherited during the course of it – substantial farming properties valued at over two million dollars. The parties had separated after nearly 14 years. At the commencement of their relationship the wife had savings of $30,000, bank shares worth around $7,000, a car and superannuation of around $12,000. ...

read more

NEW LAWS RELATING TO FAMILY VIOLENCE AND CHILD ABUSE

Are you affected by Family Violence? On 7th June 2012 changes came into effect in how matters dealing with allegations of child abuse or family violence are now dealt with by the Courts. Family Violence is defined as: violent, threatening or other behaviour by a person that causes or coerces a member of the family to be fearful. The following are some illustrations of behaviour that may be considered as family violence: • An assault; • A sexual assault or other sexually abusive behaviour; • Stalking • Repeated derogatory...

read more
Page 1 of 212