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. ...

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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...

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YOU DON’T HAVE TO BE EMPLOYED TO HAVE CONTRIBUTED.

When it comes to defacto separation, just because one partner was not earning an income does not mean they didn’t contribute to the relationship. A recent decision of the Court highlights the importance that is given to non-financial contributions made by one of the spouses. On 1 July 2010 financial issues relating to the breakdown of defacto relationships, which were previously handled by the District Court, were referred by South Australia to the Family Court of Australia. Where parties separated before that date both parties must agree...

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