Pre-Marriage Gifts and the High Court of Australia

Few Family Law cases make it to the High Court so when the do, all family lawyers take note of the outcome.

Family LawOFRM Lawyers30 November 2020O'Farrell Robertson McMahonhigh court, property settlement

The offer you can't refuse

Sam McGee highlights multiple reasons why offers are made and accepted to speed up resolution of Family Law matters.

Family LawOFRM Lawyers5 October 2020O'Farrell Robertson McMahonfinal hearing, property settlement, property orders

Can I insist on the home being sold as part of a property settlement?

In this post Gabrielle Howley uses a recent court case to explain why it’s not always necessary for a property to be sold as part of a property settlement.

Family LawGabrielle Howley1 October 2020O'Farrell Robertson McMahonproperty orders, property settlement, pool of assets

How is HECS treated in Family Law Property Settlements?

A past student’s existing HECS/HELP debt may need to be considered in a Family Law Property Settlement. Court consideration is required as the debt is only repaid when the person that incurred it has sufficient income to do so.

Family LawGabrielle Howley1 September 2020O'Farrell Robertson McMahonproperty settlement, property orders, HECS, HELP, HECS debt, HELP debt

How are lottery winnings treated in family law property settlements?

Who doesn’t want to keep their lotto winnings?

Family LawGabrielle Howley14 August 2020O'Farrell Robertson McMahonproperty settlement, property orders

My partner and I reached an agreement for a property settlement ourselves, so why do I need to formalise it?

A formalised property agreement, under the Family Law Act, is an important step to protect your interests based on what has been agreed to.

Family LawGabrielle Howley10 July 2020O'Farrell Robertson McMahonreaching agreement, property settlement, divorce, separation, post separation arrangement, consent orders, binding financial agreement

Pooches in property matters

Pets play such an important role in many families and this results in strong emotional ties. When a relationship breaks down, a lot of couples are able to work out who gets the pets but what happens when no such agreement can be reached? What approach do the family law courts take?

Family LawGabrielle Howley8 July 2020O'Farrell Robertson McMahonproperty settlement, pet

What’s it worth?

Valuing the assets you have held as a couple is frequently a challenging initial step when figuring out a family law settlement. The experience of our Family Lawyers can help.

Family LawMarika McMahon6 July 2020property settlement, divorce, separation

Capital Gains Tax in Family Law Settlements

With the aid of a simple example Tom explains some of the issues that make splitting property a little more complex than you thought and why a family lawyer should be involved.

Family LawTom Wolff26 June 2020O'Farrell Robertson McMahonproperty settlement, superannuation, div

Am I out of time for a property settlement?

If you are seeking a property settlement in a Family Law matter, it is important you are aware of the time limits for bringing an application.

Family LawGabrielle Howley12 June 2020O'Farrell Robertson McMahonproperty orders, property settlement, time limits, divorce, de facto

Can I get out of my property settlement?

Many people are wondering if the environment under Covid-19 means they are able to change their Family Law property settlement. Sam McGee shares why Courts are usually reluctant to do so.

Family LawOFRM Lawyers15 April 2020O'Farrell Robertson McMahoncovid-19, property orders, property settlement, family law, family law act, family law rules, family

Introducing PP500 - Small Property Pool Procedure

In the wake of the COVID-19 pandemic, the family law courts have been introducing practice directions of special measures in response to this evolving situation.

Family LawTom Wolff2 April 2020O'Farrell Robertson McMahoncovid-19, family law, family court, property orders, property settlement

Family Law in an Economic Downturn

Worried about the impact Covid-19 will have on Family Law assets. There is help at hand.

Family LawMarika McMahon2 April 2020covid-19, family law, family court, family law act, property settlement

Enforcing a property order

When Family Law Property Orders are finalised, compliance can be a problem. The steps you can or should take to enforce compliance vary depending on the situation.

Family LawGabrielle Howley26 February 2018O'Farrell Robertson McMahonproperty settlement, property orders, court orders

Time Limits for a property settlement - Am I out of Time?

Be aware there are deadlines for property settlements which differ if you are in a married or de facto relationship.

Family LawOFRM Lawyers1 December 2017O'Farrell Robertson McMahonfamily court, family law act, divorce, de-facto, property settlement

Duty of Disclosure

You have a duty to disclose throughout your Family Law proceedings all information that has a financial bearing on your matter.

Family LawMarika McMahon3 November 2017O'Farrell Robertson McMahondisclosure, duty of dislosure, family law rules, property settlement, de facto

But are they telling the truth?

In Family Law proceedings sometimes there is a churning of the stomach as to whether the other party is being honest and providing all the information they need regarding their assets and liabilities.

Family LawMarika McMahon20 October 2017O'Farrell Robertson McMahonfamily court, property settlement